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THE GENTLEMAN FROM 
EAST BLUEBERRY 

A SKETCH OF THE VERMONT LEGISLATURE 



STATE VS. BURTON 



A DRAMA OF THE COURT ROOM. 



BERNARD MARSHALL 




Capital City Presa 
Montpelier, Vt. • 



^54 



Copyright 1909 
By Bernard Marshall 



CI. A 
'aU3 6 1909 



THE FABLE OF GREENHILL 

(9ntt upon a time tljere toas^ a fair Country 
calleb (^reenijiU, sio far atoap tfjat if it tuasf a 
ijear 'ttooulb hitt j>ou. ^nb tje sobernment of 
tftis; bijJtant lanb toasf a republic, mabe up of a 
lot of people toljo meant toell anb a feto tot)o got 
jugt tofjat tfjep toanteb. Certain railroabfii inter- 
gecteb anb bitji£(ecteb tlje region, anb gerfaeb it£{ 
people go toell tfjat at tfje enb of tfieir f isical j>ear 
mo£(t of tfjem founb tfjems^elbeg berp bieU rib of 
tfie root of all ebil. ^fje telephone company 
alsio frequently improbeb itg gerbice bp rebibing 
tfie ruletftat it biag unlucfep to Jabe more tfjan 
thirteen siubgcribers; on a line. ^ feto cfjronic 
feickerg. allegeb tljat tfjig benebolence cobereb 
gome gort of an attempt to make monep out of 



ti)t people, but tijetr foolt£(f) notion toasi sioon 
tttsfpeUeb, for ti)e company came out anb s(atb 
(ober its! oton siignature) tijat Hi siole motibe in 
all cfjangesf, bas; tfte public bielfare. Cfje in- 
ttvtm of tfje people bjere bjell suarbeb bp 
K\)t <^reat ^ggemblp> to tofjicb eberp ttoo pearg, 
toas! fiient a belegate from eberp citp, toton anb 
j^ugar })ou£(e in tije commontoealtb. ^bes(e 
earnest citi^enss bjere tfje result of tlje untram- 
meleb cfjoice of tfje free boterg of tfje sitate, anb 
coulbn't be bougbt nor bullbo^eb, tbougb po£(s;ibl? 
tbep migfjt jsometimefii be bot^ngtooggleb ju£(t a 
little bit» l^b^n tljere toasf anp birongboing 
among public officials^, tfje Hegisdature inbefiti- 
gateb tbem — -anb tben tbep toere goob. Wl)tn 
tbe railroabss granteb rebates; or anptfjing like 
tfjat, tbe ^ttornep (General pros^ecuteb tbem on 
eberp Campaign platform in tfje Commontoealtb. 
I^ben anp of tbe 0\^ ^t 0nti toere asifeeb to 



tafee tijeir feet out of tfje trougjj tijep * 'gabeb tf)c 
?Hnion'* anb ' *gtrucfe tfte feepnote/ ' ^o eberp- 
(jobp got jusit toijattfjep besserbeb, anbtftesooie 
ijung s!o ftigf) tijat tfjc common, etjcrpbap foxess 
foulbn't Eben simcU of it. 

Jiut tfjere came into tijis; beautiful lanb certain 
toicfeeb anb besiigning persiong Ujf)o toisiijeb to 
perbert tfje people anb to turn tftem from tfje goob 
olb ttjaj>£(. ^fjep trieb to tell tfjem tftat a fjunbreb 
men tooulb fenoto more tfjan tljree fjunbreb, anb 
tfjattftere toasin't siomuci) neeb of enlarging tfje 
^tate J^ousie ai of Ijabing more numbers;, in 
tlje jjat at tfje toton meetings. tIDfjep toent 
turtfjer tfjan tftig, anb toanteb eberj> tlTom, Bicfe 
anb Jlarrp to fjabe a siap afi to tufjo sifjoulb be 
Senator, anb tfjep beclareb tftat no matter fjota 
tbe members; got unber tfje (^olben 5Bome, anb 
no matter botu cute tlje little bicfeersf tuere, tftat 
tljep coulb make, tbere tooulb be s;ome moment£( 



burins ^esfsiion bjjjen tfje ibeasi of the folfeg, 
backfjometDoulb getoberlookeb. ^fjejiesicftemefl; 
fjotoeberallcametonaugfjt, asi tfjep bcsierbeb, for 
tfje leaberjs of tfje ^artp pas^sfeb tftc toorb along 
tfjat tftep toere no goob, anb tf)eirpromoter£(,g[ot 
tfje merrj> grin. 

Moral- Greenhill is too busy 
fighting the Civil War to bother with 
any new-fangled notions. 



THE GENTLEMAN FROM EAST BLUEBERRY. 



A SKETCH OF THE VERMONT LEGISLATURE. 



Characters. 

Mr. Solon Snodgrass, The Gentleman from East 
Blueberry. 

Mr. Percy Dashemoff, Editor of the Montpelier Clar- 
ion. 

John Doolittle, Esq., A Montpelier Lawyer. 

Mr. Joshua Tarbox, The Gentleman from Quiffet. 

Mrs. Lucinda Capset, {The Widder)^ A Boarding 
House Keeper. 

Montpelier, during the legislative session of 1908-9. 

ACT L 

Office of the Clarion. 

Editor Dashemoff, seated at his desk, stretches his 
arms and yawns. 

Dashemoff. Oh say, if an Elks initiation came every 
night somebody else would have to edit the Montpelier 



Clarion. Never struck the bed till two o'clock, and now 
I feel like Tommy Burns the morning after. Wonder if 
Buster Beans 's found his hat yet. But I've got to brace 
up and attend to business. Creditors are thicker'n snow- 
fleas, and some of 'em are surely getting nervous. Great 
Scott! they'll get ^77^ to worrying next. I always have got 
along svvimmingly, living on the interest of what I owe, 
but I'm afraid it won't last always. I've got to make up 
my mind right away to marry the widow, and settle down 
and be a family man. I owe her a year and a half's board 
bill, and that's the only way I'll ever get square. Besides 
she's a fine looking woman to-day, and as good as gold. 
Of course she's fond of me; has been right along; and 
she'll make the best kind of a wife — Hello, that you, 
John .? 

Enter John Doolittle, Esq. 

DooLiTTLE. Hello, Percy, when'd you get back } 

Dashemoff. Oh, about day after to-morrow. But 
say, hasn't someone disturbed your beauty sleep ? It's 
only ten o'clock. 

Doolittle. Oh, the new fire bell wakes me at 
quarter of nine — sometimes. 

Dashemoff (mysteriously). Hist! Do you know the 
secret of the new fire bell ? 

Doolittle (eagerly). No. 

Dashemoff (leading him into a corner, and whis- 



8 



pering). The real reason it was bought and set up in 
yonder Hghthouse on the hill was to make Montpelier 
seem homelike to the Members of the Legislature. They 
were going to ring it for dinner and supper. 

DooLiTTLE. Yes, but now they find it's cracked. 

Dashemoff. That's all right. So are the legislators. 

(They sit down.) 

DooLiTTLE. Anything doing down at the State House ? 

Dashemoff. Oh, yes, they're going some. They dug 
in last week and passed the bill dividing the Town of 
Pawlet into two distinct and separate parts; and this 
week they have under consideration the bill for uniting 
those divisions into a township, one and indivisible; and 
they'll probably get that through in time for Friday 
morning adjournment. But say! speaking of the legis- 
lators, there's one of them that's been in here once or 
twice with something or other he wanted run in, who's 
more fun than a cage of monkeys. He's the member from 
East Blueberry; and he looks and acts the part. You 
just ought to see him. Say, if he was where I saw him 
every day I'd gain five pounds a week if I didn't burst 
trying to keep my face straight. 

(A knock at the door.) 

Dashemoff. Oh, come in. 

Enter Mr. Solon Snodgrass. 



Daskemoff. As I was saying, it was a very tragic 
affair indeed. (Aside to Doolittle.) Speak of the devil. 

DooLiTTLE. I'm next. 

Dashemoff. Good morning, Mr. Snodgrass. Glad 
to see you. This is Mr. Doolittle, one of our prominent 
lawyers. Mr. Snodgrass, Mr. Doolittle. 

Snodgrass. Glad to meet ye. (They shake hands.) 

Dashemoff. Well, arn't you rather running away 
from school, Mr. Snodgrass ? 

Snodgrass. No, they're kind er backin' an' fillin' 
daown ter the State House. Ain't no session this mornin'. 

Dashemoff. Well, sit down. How's the wood- 
chuck bill ? 

(To Doolittle.) Mr. Snodgrass is Chairman of the 
Committee on Woodchucks and Hedgehogs; and is 
himself the author of what is probably the most impor- 
tant bill of the session. 

Doolittle. You don't say so. 

Dashemoff. Yes sir. Mr. Snodgrass is the author 
of the BILL FOR PLACING A BOUNTY OF TEN 
CENTS ON WOODCHUCKS' TAILS; and it will no 
doubt be due to his efforts that Agriculture, the noblest 
industry of our noble state, shall be freed from the 
curse of these burrowing rodents. 

(Snodgrass grins.) 

Doolittle. Let me shake your hand again, Mr. 



10 



Snodgrass. It is such as you who should be elected to the 
highest office within the gift of the state. And I hope 
some day to have the privilege of voting for you for 
governor. 

Snodgrass. Oh no! Oh no! I don't look for that. 
Bell got there, I know. But he had a more musical 
saoundin' name 'n what I have. 

DooLiTTLE. Well sir, I shall certainly ask our mem- 
ber to vote for your bill, and I have no doubt he will do 
so. But now there's a bill before the legislature in which 
I'm a little interested, because it seems to me to propose 
doing an injustice to the railroads. It's that bill to com- 
pel the railroads to use hot steam in all their locomo- 
tives. Its advocates claim that in that way the engines 
could be run even in cold weather; but this would be a 
great hardship to the management. They've always 
used cold steam more or less; and the change would be 
expensive. 

Snodgrass. I dunno, I'm sure. I don't like ter see 
too many changes brought abaout. Ther' was a bill up 
before us tother day makin' it a misdemeanor fer anyone 
ter walk on a relroad track. I hadn't spoke none this 
session. Ther' always seems to be plenty fer that. But 
when that come up I jest up an' says, "Mr. Speaker," 
I says, "It seems ter me a pretty hard thing ter say to a 
man that he shan't walk on the relroad track anywheres. 



II 



Fer it seems ter me," I says " 't when the highways is 
full of zutomobeels an' the pasters is full of bulls, it's 
baout the only safe place ther' is ter walk. 

Dashemoff (laughing). Good for you, Mr. Snodgrass. 

DooLiTTLE. I'll bet you carried your point, too. 

Snodgrass. Wal', they didn't slam the desks on me 
anyway. 

Enter Mr. Joshua Tarbox. 

Tarbox, (grinning). I see'd the door open; an* 
thought I'd walk right in. 

Dashemoff. (Rising and shaking hands with Tar- 
box.) Why, Mr. Tarbox, I'm glad to see you! Are 
you at the State House this session ? 

Tarbox. Yes, I surely be. Seems kind er nat'ral 
too, ter be climbin' them ston' steps. This'U be my 
fourth term. Good rnornin', Mr. Snodgrass. 

Dashemoff. Why let's see, wasn't it in 1904 that 
you were here last ^ I thought your turn came only 
once in six years. 

Tarbox. That's right. That's right. 'Taint reely my 
turn till two years f'm naow; but John Allen, he's all 
crippled up with the rheumatiz; — ain't able ter do 
nothin. So I'm here in his place. 

Dashemoff. Republicans carry QuifFet by a good 
majority, Mr. Tarbox ^ 

Tarbox. Unanimous, sir, unanimous. Hain't ben 



12 



no Democrat there sence 1868. But say, I got a speech 
here't I'd kind er like it if you'd put it in the paper. 
(Lays a paper on the table). 

Dashemoff. Why surely. We'll be glad to. When 
did you deliver it ? 

Tarbox. Wal', it ain't ben delivered yit exac'ly. 
They kind er shut me off on it yist'day arternoon becuz 
they said it hadn't nothin' ter do with any measure 
before the Haouse. But I tell yer if ther' ain't naow, 
ther's gon' ter be, becuz I'll bring in a bill myself. An' 
I want it printed anyway. 

Dashemoff. Well, we'll head this, "The Speech 
that would have been delivered by the Gentleman from 
Quiffet." 

Tarbox. Yes, that's right. Put it that way. 

Snodgrass. What's this bill gon' ter be abaout, Mr, 
Tarbox ? 

Tarbox. Wal' sir, the's more or less talk goin' raound 
baout takin' the repersentation away f'm the small 
taowns 'n bunchin' of 'em up, five or six of 'em ter- 
gether, ter make a distric'. An' I'm agin it, an' so are 
my constituents, both on 'em; an' so are you, Mr. Snod- 
grass, an' every level-headed man in Vermont. 

Snodgrass. Wal', if that's so, I guess we don't need 
ter be much 'fraid of its goin' through. The's quite a 
passel o' level-headed ones in Vermont. Leastways 



13 



them 't come in here ter trade hosses gen'ly think so 'fore 
they git through. 

Tarbox. Wal' the's a good deal of gassin' raound 
baout it howsomever; an' I'm gon' ter introduce a bill 
thet they shan't never be no constitutional 'mendment 
nor nothin' ter take away the rights 'v the small taowns 
that's the bone and sinew of the state. Talk baout 
needin' mien 'v more experience in legislatin'! Who they 
gon' ter git 'at's had more experience 'n / have, fer 
instance ? But then, all my best pints are in that 
speech there; an' I hope folks '11 read 'em an' take 
some notice. 

Dashemoff. I feel quite sure they will. 

Tarbox. Wal', I won't bender you no longer. Much 
obleeged fer your accommodation. Good day. (Exit). 

Enter Mrs. Lucinda Capset. 

Mrs. Capset. Oh, Mr. Dashemoff, I won't stop since 
you're busy. (Turns to go out). 

Dashemoff (rising). Oh don't go, Mrs. Capset. I 
would like you to meet Mr. Snodgrass, the Member 
from East Blueberry. 

(Mrs. Capset turns to com.e back. Doolittle and 
Snodgrass rise. Snodgrass, much embarassed, — grins, 
drops his hat on the floor, and taking a step or two 
toward Mrs. Capset, puts his foot on it.) 

Mrs. Capset, (smiling cordially). Oh, I'm very glad 



14 



to meet Mr. Snodgrass, I'm sure. Good morning, Mr. 
Doolittle. 

(Doolittle bows gallantly. Snodgrass, seeing this, 
endeavors to do likewise.) 

Mrs. Capset. Why you're standing on your hat! 

Snodgrass. My hat ? Oh yes. Wal' the old thing 
ouo^ht ter be elad ter be walked on fer the sake — er fer 
the sake of a fair lady. 

Doolittle. Good! Good! You'll do. 

Mrs. Capset, (blushing and smiling). Oh, Mr. 
Snodgrass, you are a flatterer, I'm afraid. Besides it 
won't do me a bit of good to have your hat walked on. 

(Snodgrass picks up his hat and slaps it over his knee 
to get the dust off. In so doing, fills the air with dust. 
Doolittle coughs and chokes. Mrs. Capset backs away.) 

Snodgrass. Do you reside here in taown, Mrs. 
C upset f 

Mrs. Capset. Yes, I manage the Kenilworth, on 
State Street. Mr. DashemofF is one of my boarders. 
(To Mr. Dashemoff). But I won't interrupt you 
gentlemen any longer. I just wanted to know if you 
thought you'd like baked bluefish to-day. 

Dashemof. Oh certainly. Yes, that'll be fine. But 
don't hurry away. We're just swapping lies here. That 
is, Doolittle and I. Mr. Snodgrass is just like George 
Washington. 



15 



Mrs. Capset. Oh yes, I must hurry. Good day. 
Good day, Mr. Snodgrass. 

(Snodgrass jumps to open the door for her, and steps 
on DooHttle's toes.) '" 

Exit Mrs. Capset. 

DooLiTTLE. (Grabbing his foot with both hands 
and hopping about). Oh, my pet corn! Oh! 
r^'^ Snodgrass, (returning after closing the door behind 
- Mrs. Capset). That's a fine woman. Ain't seen her 
beat for twenty year. 

Dashemoff. I say! An idea has just occurred to me. 
Why don't you come up to the Kenilworth to board f 
We're a sort of family party there; and the widow is our 
good genius. It's much pleasanter than a hotel. 

Snodgrass. I expect so. Yes, I expect so. But I 
presume it's pretty expensive, ain't it ? 

Dashemoff. Why, the rates are ten dollars a week. 
But now, here's an idea, — Mrs. Capset has a cow and a 
lot of chickens; and of course during session she has a 
lot to do. Now, why shouldn't you come there and help 
with the live stock and so on for your board. She was 
saying only this m.orning she would like to get some one 
that way. 

Snodgrass. By gosh! I'll do it if she'll have me.- 
I'll go ter see her this arternoon. I've forgot naow 
what 'twas I come here for, but I'll remember bimeby 



i6 



an' be in and see yer agin. Good mornin'. Good morn- 
in', Mr. Donothin. 

Exit Snodgrass. 

(Dashemoff stuffs his handkerchief into his mouth 
and slaps his knee. Doolittle dances a jig.) 

Dashemoff. Oh my! Oh my! Don't that take the 
bun! Now if I can only get him there. 

Doolittle. Say, I'm coming up to the Kenilworth 
to board for the rest of the session. This'll be too rich 
to lose. He'll try to make love to Mrs. Cupset. 

Dashemoff. Yes, that's so, Mr. Donothin', that's so. 

(Telephone rings. Dashemoff takes up rece ver.) 

Dashemoff, (into telephone). Yes. — Yes, this you, 
Bailey ?— What's that ? Big scoop ?— WHAT'S THAT .? 
Nine o'clock train in ON TIME ? (Dances with ex- 
citement. Doolittle amazed.) Yes, that's right; work 
it up for all your worth. It's good for three columns. 
Yes, we'll get out an extra. The others '11 have it this 
afternoon. Get the engineer's and the conductor's pic- 
tures and a sketch of their lives. Yes, that's it. Hustle. 

(Hangs up receiver. Dashes about excitedly. Shouts 
out into the press room). 

Say, Jim, Jim. We'll get out a twelve o'clock extra. 
Got a big scoop. — No, I don't care. Run her through 
anyway. Got to have it on the street by half past 
twelve. Hustle now. Curtain. 



17 



ACT II. 

Evening, a week later. 
Parlor of the Widow Capset's House. 

Dashemoff, (walking nervously about). I swear! 
I've got to get a chance to speak to Lucinda right away. 
I've been watching for an opportunity for three days, 
but since Mr. Snodgrass has been acting as her hostler 
and butler and assistant potato parer she's been so busy 
initiating him into his new duties that there don't seem 
to be time for much else. It's been more fun than a 
circus, but fun won't pay tailors'bills. Oh, here she 
comes now. 

Enter Mrs. Capset. 

Dashemoff. Oh, Mrs. Capset, I hope you can sit 
down for a moment. I want to talk to you. 

Mrs. Capset. Well, its always a pleasure to talk with 
you, Mr. Dashemoff, but Mr. Snodgrass and I have the 
dishes to do. 

(Sits down in a rocking chair and begins knitting on a 
large red mitten.) 

Dashemoff, (laughing). Who's going to wear those .<* 

i8 



Mr3. Capset, (blushing). Oh, you know I have a 
father living up at Worcester. 

Dashemoff. Don't you think you'd be more com- 
fortable here on the sofa ? 

Snodgrass, (appearing at the door, wearing a huge 
calico apron). The water's hot, Mrs. Capset. 

Mrs. Capset. Yes, I'll be out right away. 

Exit Snodgrass. 

Dashemoff. You don't know how attractive you 
look, sitting in that way with your needlework. It's a 
sight to make one wish to be a better man. 

Mrs. Capset, (laughing). Oh now, you're trying to 
jolly me, Mr. Dashemoff. You're always up to some 
joke or other. 

Dashemoff. No, no. Believe me; I was never more 
serious. (Rises and places his hand on the back of her 
chair). Lucinda, I — 

Snodgrass, (rushing in with the dish towel in his 
hand). Say, where do yer keep the dishpan .? I can't 
find it nowheres. 

Mrs. Capset, (rising). Oh, I'll come and get it. 

Exit Snodgrass and Mrs. Capset. (C.) 

Dashemoff. Damn it! Isn't that just my luck ? 

Enter Doolittle. (L.) 

Doolittle. Say, old sport, if I choke to death trying 
to eat my meals and listen to you and our friend from 



19 



the rural districts at the same time, my blood be on your 
head. I thought it would finish me when he told that 
story about what he caught in the chicken barrel. 

Dashemoff. (Laughing.) Yes, I know. But don't 
it beat all the shows you ever saw to see him trying to 
make love under difficulties. 

DooLiTTLE. Yes; and the way she manages it. You 
can see she thinks he's so honest and good natured it'd 
be too bad to turn him down real hard. And we're 
around in his way so much that he don't seem to make 
much headway. 

Dashemoff. Oh, by the Great Horn Spoon! 1*11 
tell you what we'll do. We'll pretend to go out, and then 
the Gentleman from East Blueberry will think he has a 
clear field. He's feeling great to-night. They passed his 
woodchuck bill this afternoon. But we'll sneak back and 
hide somewhere where we can hear *em. Then, if you 
don't burst, you old goat, we'll have a story that the 
boys at the Apollo Club will listen to for years. 

DooLiTTLE. Great! That's just what we'll do. But, 
speaking of the legislature, they passed the Hot Steam 
Bill to-day, too. This is getting outrageous. The next 
thing will be a law compelling the company to have the 
cars swept out every spring and fall. President Water- 
emup thinks we shall hardly be able to pay the interest 
on the nineteenth issue of bonds as it is. 



20 



Dashemoff. Oh, to Essex with him and his bonds. 
I am the world-renowned Sherlock. Are you with me, 
Watson ? 

DooLiTTLE. To the death. 

(DashemofF goes out (L.); comes back immediately 
with coat and hat on; goes to door (C). 

Dashemoff. Have you any errands down street, 
Mrs. Capset ? 

Mrs. Capset, (from kitchen). No, I guess not; 
thank you. 

(Dashemoff and Doolittle go out (L.). There is a 
sound of closing the front door. Then they reappear and 
hide themselves behind a large screen (L.). 

Enter Snodgrass and Mrs. Capset. 

Snodgrass. Naow we c'n set daown 'n have a good 
talk. Don't yer git tired with all this haouse ter see to ? 
(Seats himself on the sofa). 

Mrs. Capset. Yes, sometimes; but I think it makes 
me more tired tryin' to get the boarders to pay up than 
anything else. (Sits down in the rocking chair.) 

(Doolittle pounds Dashemoff on the back.) 

Mr3. Capset, (continuing). And I hurried so all the 
morning trying to get time to attend the rest cure meet- 
ing at the Parish House, that I'm about wore out. 

Snodgrass. Wal' they talk baout women havin* ter 
work hard on the farm, but I tell yer, with the modern 



21 



churns *n washin' machines *n sech, they don't have ter 
work so hard as women in taown. The women up my 
way don't do nothin but listen on the telephone. 

Mrs. Capset. Is yours a large farm, Mr. Snodgrass. 

Snodgrass. They call it one erthe best in Lamoille 
Caounty. 

Mrs. Capset. I hear they passed your woodchuck 
bill this afternoon. 

Snodgrass. Yes, they did. But between you'n me 
an* the signpost, that woodchuck bill ain't ben on my 
mind so much as some might think. I'm aout fer bigger 
game 'n woodchucks this session. 

Mrs. Capset. Why, how's that ? 

Snodgrass. Abaout the fust of March the Cattle Com- 
missioner is a goin' ter resign. An' the Governor will 
appint in his place Mr. Solon Snodgrass, of East Blueberry. 

Mrs. Capset. Why, won't that be fine! 

Snodgrass. Yas; the three dollars a day warn*t 
exactly what brought me ter Montpelier this time. Won't 
you come and set on this sofy, Mis' Capset } 

Mrs. Capset. Oh, I'm very comfortable here; 
thank you. 

(DashemofF whacks Doolittle.) 

Snodgrass. Oh, you wouldn't abuse a poor, lone 
widderer that way. I ain't set side of a reel harnsome 
woman fer ten year. 



22 



(Goes and takes her hand and leads her to the sofa.) 

(Continuing). I knowed you was jest as kind and 
good as you look. 

Mrs. Capset. Are you acquainted with the Gov- 
ernor, Mr. Snodgrass ? 

Snodgrass. Tol'ble, torble. I was talkin* with him 
some ter day. He was askin' me if I knowed John 
Doolittle. It seems that the Governor's got an appint- 
ment ter make fcr a Commissioner of Double Taxation. 
Yer see ther's still a few things in the state that ain 'ttaxed 
but once. An' the place will be wuth baout twenty-five 
hundred a year; an' somebody'd recommended Doolittle. 

(Doolittle, much excited, peers around the edge of the 
screen.) 

Mrs. Capset. Yes, And what did you tell him ? 

Snodgr/^ss. I told him that if the place didn't call 
fer much besides playin' pool 'n smokin' cigarettes prob- 
ably Doolittle would do fust rate. 

Mrs. Capset. (Laughing). Good! You told him 
just the truth. 

(Dashemoff punches Doolittle in the ribs.) 

Mrs. Capset. Oh, do you know, Solon, that you 
prevented me receiving a proposal to-night ? 

Snodgrass, (grinning). Wal', maybe I did have 
some such idee. 

Mrs. Capset. Yes. Do you know, Mr. Dashemoff 



23 



owes me for his board for months and months. And I 
believe he's concluded that the only way he'll ever get it 
paid is to marry me. (Hides her face in her hands, and 
shakes with laughter.) And think how convenient it 
would be for the future! I would, of course, go right on 
with the boarding house; and there'd be no board bill 
at all for him. 

Snodgrass. Haw! haw! haw! haw!. (Slapping his 
knee.) 

(Doolittle punches Dashemoff.) 

Dashemoff" (sotto voce). Aw, cut it out. 

Snodgrass. (Putting his arm around her waist.) 
Do you know, Lucindy, you've got jest the purtiest eyes! 
Why they make me think of my Betsy's eyes. 

Mrs. Capset. (Sitting up suddenly and disengaging 
his arm.) And who is your Betsy, pray ? 

Snodgrass. Oh, Betsy's my three-year old Jersey 
heifer. I took fust prize with her daown at the State 
Fair. 

Mrs. Capset. Oh, I see. (Then suddenly and shrilly.) 
Well, I like that! Telling me my eyes are just like a 
cow's. 

Snodgrass. (Firmly replacing his arm). Naow 
Lucindy, you oughter know what I mean. If I should 
tell yer your eyes was like diamonds or topazes or any- 
thing like that I sh'd be talkin' baout somethin' that I 



24 



don't know nothin' baout. But I tell yer honest that 
your eyes and your face is jest the sweetest that I ever 
see. And I want that you should come ter East Blue- 
berry with me. I want that you should be Mrs. Snod- 
grass. 

Mrs. Capset, (hiding her face on his shoulder). Oh, 
Solon! 

(Doolittle punches Dashemoff again, and the latter 
retaliates. In the scuffle the screen is overturned, and 
they are discovered sprawling on their hands and knees.) 

Mrs. Capset. (Screaming and clinging to Snodgrass). 
Oh Solon!!! 

Snodgrass. (Rising, with Mrs. Capset's arms still 
around his neck.) Wal\ I'll be Gosh Dummed! 

Curtain. 



25 



STATE VS. BURTON 

A Drama of the Court Room 

Being a Transcript from the Notes of the Stenographer 

Section I. 
THE GRAND JURY. 



STATE OF VERMONT 

vs. 

JOHN BURTON. 

Proceedings of tlie Grand Jury, September Term, 
Warner County Court, Sept. i6, 1899, County Court 
House, Allentown, Vermont. 
Martin Williams, State's Attorney, 

C. A. WiNGART, Stenographer. 

9:10 A. M., Sept. 16, 1899. 
Roll call by Foreman, J. T. Munson. All present. 
Mr. Williams. Now, if you are ready gentlemen. 



27 



-we will take up the case of John Burton. He is charged 
with arson, having been held by the Justice Court on the 
charge of having set fire to the buildings of Stephen 
Cummins on the night of August loth. This was the 
fire, as you know, at which old Mrs. Cummins lost her 
life; and if you bring an indictment against Burton it will 
be for you to decide whether it shall be for arson or for a 
yet more serious crime. That is, if you find that he did 
set fire to the buildings, and did it with the intention of 
destroying the lives of the inmates of those buildings, you 
will bring an indictment for wilful murder. 

Foreman Munson. Well, perhaps we shall be able 
to tell about that when we've heard the witnesses. 

State's Atty. Very well. (To Sheriff Arnold.) 
Call in Mr. Cummins. 

STEPHEN CUMMINS 

IS SWORN. 

EXAMINATION 
By Mr. Williams. 

Q. Your name is Stephen Cummins ? A. Yes sir. 

Q. And you reside in Allentown ? A. Wal* no, not 
jest now. I did till my house burned down; sence then 
I've ben* livin* over to Morley. 

State's Atty, (to Foreman). Put down for him one 
day's attendance and eight miles travel. 



28 



Q. Your buildings were burned on the night of 
August 1 0th? A. Yes sir. 

Q. Where were you and your family at that time ? 
A. We had all gone over to spend a few days at my 
daughter's place over to Morley, — all except my mother- 
She wasn't feelin* real well, and at the last minute she 
decided not to go. And that's how she met her death. 

Q. Yes, Mr. Cummins; it was a terrible thing; and 
3 ou have the sympathy of every man here. But now can 
you tell us — is there anybody whom you suspect or who 
would have any motive for burning your buildings ? A- 
I ain't much doubt but what they've got the right man 
under lock and key. 

Q. You mean that you think John Burton did it ? A- 
I ain't much doubt of it. 

Q. Well, Mr. Cummins, w^ill you go on and tell us, 
in your own way, just what leads you to that opinion ? 
A. Wal', young John Burton 'n I ain't never got on 
very well. First thing was about six year ago. He'n 
one other boy got after some honey in a bee-hive er mine 
one night late in the fall, after it got so the bees w^ouldn't 
sting. I d'know how much honey they got, but they 
ended by tippin' over the hive and doin' a good deal of 
damage. I learnt in one way or 'nother who 'twas 't did 
it, 'n I told his father, — he was alive then — that that busi- 
ness 'd got to be settled for or I'd know the reason why.. 



29 



His father brought the boy over to my house that night 
and made him pay me five dollars out er the money he'd 
earnt through the summer. I d'know what else his father 
did, but I guess the boy kinder laid it up agin' me; an* 
he's ruther a revengeful disposition, — got a little Injun 
blood, I guess. After his father died he got ter runnin* 
with that crowd over 't the pool room, drinkin' an' gam- 
blin' an' so on An' I hain't heard a great deal of good 
of him sence, exceptin' that he was a good worker when 
he was sober. Then last winter I wanted somebody ter 
go up on the mountain an' chop fer me. John was a 
good chopper, an' out er work jest then, an' 'peared ter 
be actin' a little stiddier'n he had ben', so I hired him. 
He was ter have a dollar a cord. He cut off and on, as 
weather allowed, an' when he got through he told me he 
had a hundred and six cords. I told him jest as soon as I 
got it drawed down I'd pay him the whole bill. Yer see 
I didn't want ter pay fer a thing till I was sure I'd got it. 
Wal', I had my man draw the wood down and measure it 
as he drawed it; an' there was jest seventy-eight cords. 
An' that's what I paid him for. He was awful mad. I 
didn't know but he'd pitch inter me right there, an* 
while we was talkin' I'd ben restin' my hand on one er the 
stakes er my wood sled there in the yard, an' I had it 
loose in its place, so't I'd a ben ready fer him. But he 
went off vowin' vengeance. One thing 't he said 't I 



30 



remember was that it'd cost me a whole lot more'n 
twenty-eight dollars ter settle up the thing before I got 
through. I thought at the time he meant a law suit, but 
I've sence had reason ter see what he did mean. 

Q. Did anybody else hear these threats .? A. Yes, 
Mis' Cummins come terthe back door soon's she heard loud 
talk, an' stood there an' heard bout the whole fracas. 

A Juror. 

Q. What insurance did you have on your buildings, 
Mr. Cummins ? A. I did have two thousand dollars 
up to within about a week of the time they was burned. 
At the time they burnt I didn't have a cent. 

Q. Is that so ? Then they were a total loss ? A. 
Yes; there warn't a cent of insurance on *em. — John 
Burton knew that too. 
State's Atty. 

Q. What's that ? You say John Burton knew your 
insurance had run out ? A. Yes, he knew it. Oh, I 
tell yer, this ain't no case where an innercent man is 
bein' persecuted for somethin' he didn't do! All the facts 
fit tergether too well. Yes, I was insured in the — wal', I 
fergit the name of the company, but it's one er them 
that Lawyer White's agent for — an' I was goin' ter in- 
sure in the Mutual Guaranty, 'n I talked it over one day 
with Mr. Baker when John Burton was workin' right 
alongside. 



31 



And then another thing. It so happened that in burnin' 
me out jest at the time he did, he did me more'n five 
times as much damage as the buildin's was wuth. I 
d*know whether he knew that, too, or not. He might 
have. 

Q. Why, I don't quite understand that. How was it ? 
A. Wal* sir, it's quite a story; but the long 'n the short 
of it is this: — I got the idee in my head las' spring that 
ther* was good granite on the old Palmer farm up on the 
branch road. I'd poked round ther in the woods some^ 
'n I blieved ther' was good granite there. Wal' I offered 
the old man Palmer five thousand dollars for the place, — 
that is I give him fifty dollars fer a three months* option 
at that figger. 'Twan't wuth near that for farmin', but 
the more I thought bout it the more I thought' twas a 
good bargain; an' I'd begun makin' some arrangements 
ter raise the three thousand that I agreed ter pay down if 
I took it, on my home place. But when all my buildin's 
come ter be swep' off that way I couldn't 'a raised half 
that on it; an' I didn't try; didn't have no heart for it 
anyway. An' it seemed ther' was others 't had their 
eye on the Palmer place besides me, fer on the first 
day of September, the day after my option run out, 
James Wheatley an' Lawyer White an' one or two 
others, a company 't they'd got up, bought it for five 
thousand dollars. They ben diggin' an' blowin' there 



32 



sence; an' I understand *t day before yistd'y they refused 
twenty thousand dollars for their quarry. 
A Juror. 

That's right. They did. 

State's Atty. 

Well, this has been about as bad as it could be for you 
in every respect. But it really seems a trifle far fetched to 
suppose that Burton knew all about this transaction and 
the way the loss of the buildings would affect it. Still, 
of course, he might have. 
A Juror. 

Q. I s'pose you hadn't talked much bout this deal 
through the summer ? A. No, I naturally hadn't ad- 
vertised it none. Mr. Palmer might have. 
State's Atty. 

Have you any more questions, gentlemen f That's all, 
Mr. Cummins, and thank you very much. 

State's Atty. (To Sheriff Arnold). Call in Mr. Baker. 

CHARLES C. BAKER 

IS SWORN. 

EXAMINATION 
By Mr. Williams. 

Q. Your full name, Mr. Baker.? A. Charles C. 
Baker. 



33 



Q. And you reside here in Allentown ? A. I do. 
State's Atty, (to Foreman Munson). One day and 
one mile. 

Q. And what is your business, Mr. Baker ? A. I am 
a farmer; have been all my life. 

Q. Yes, — and have you in your employ — or did you 
have until a short time ago — one John Burton ? A. I 
did. 

Q. Well, what sort of a fellow is he ? Tell us just 
the same as you would if we were sitting down and talk- 
ing it over at the store. A. Wal', / alius thought he 
was a pretty good sort of a feller — that is until this busi- 
ness come up. 

Q. Well, that's it, — tell us what you thought about 
him entirely aside from this affair, just as if this never 
happened. A. Wal', he was a pretty good feller, jest 
abaout the best help I ever had, alius willin' an able, 
would do jest as good a day's work when I was off 
somewheres as he w^ould when I was right with him. 
A Juror. 

Say, if he ever gits out er jail, I guess I'll try'n hire 
him. Them kind are skerce. 
Witness. 

Wal', he is a good faithful feller 'baout his work. I'll 
say that fer him. But he was alius quick tempered. I 
had an old mare. Old Switcher we called her, that was 



34 



a little bit snappish at times. An' one day in the hay-field 
he was goin* raound forrard of her an* she grabbed his 
arm in her teeth, an' 'twas all he could do to pull it away 
from her. The next minute he hit her one crack side er 
the head with his fork handle, an' broke it short off. An* 
I thought the old mare was goin' ter drop right in the 
shafts. She staggered, I tell ye. I was pretty mad fer a 
minute. But then, I s'pose she did bite like all possessed. 
I see his arm the next day, 'twas all black and blue, an' 
showed the marks of her teeth plain as day. An' when 
John was full of rum I pity anyone thet had any trouble 
with him. 

Q. Well, was he rather rough on the animals at other 
times ? I mean when he was sober and when there was no 
special provocation. A. No! oh no! He was real 
reasonable an* good ter git along with 'em. Ther* 
wasn't nobody could git along with the old mare, as a 
common thing, half so well as he could. 
A Juror. 

Did she ever bite him after that ? A. No, I d'know'g 
she ever did. 
State *s Atty. 

Q. You spoke about his being a bad one to have 
trouble with when he'd been drinking. Was he rather 
a hard drinking fellow? A. Why, no! Ther' was a 
spell a couple years ago when he was pretty wild — used ter 



35 



drink pretty hard. He warn't nothing more'n a boy, an* 
he got in with a hard crowd. You all know what I mean, 
over to a certain pool room in this taown. But baout 
a year ago now he seemed ter straignten aout completely; 
he was payin' some attention ter Miss Morrill, Walter 
Morril's gal from over't the Junction, she't teaches the 
school over ter Number five; an' I guess likely *t thet 
had somethin' t' do with it. Anyway he took ter 
stayin* home nights an' readin' an' studyin,* — talked 
some baout goin' ter Bakersville 'Cademy if he could save 
up money enough. We used ter encourage him in it all 
we could. Why, we thought a good deal er John! But 
I guess his Injun blood maybe got the best of him. Thcr't 
some Injun in the Burtons, way back. 

A Juror. 

That Morrill gal, is she the one they tell bout bein' 
such a harnsome one .? 

Another Juror. 

Yes, that's the one. 'Lizbeth's her name. 
State's Atty. 

Q. He was held without bail on this charge. Would 
you have gone bail for him, Mr. Baker, if that had been 
possible ? A. Why, I d'know but I would. Ther' ain't 
no daoubt in my mind but what he sut the fire, but if 
John Burton hed as't me to go his bail, an' give me hi» 



36 



word ter be on band when he was wanted, I d'know 
but I sh'd a done it. 

Q. How old is Burton ? A. I d'know exactly; — 
*baout twenty-two or three, I guess. 

Q. When did you last see him before the fire at 
Cummins' place ? A. He left our haouse 'baout six 
o'clock that night. His bed warn't slep' in, an' I didn't 
see him till the next arternoon when I see him in the 
jail. 
State's Atty. 

Have any of you gentlemen any questions ? Well, Mr. 
Baker, I think that's all. Oh — just one question more. 

Q. Did you ever hear John Burton make any threat! 
or anything of that kind ? A. Wal', John an' Stephen 
Cummins had some trouble last winter baout some 
wood, some't John'd ben cuttin' fer him through the 
winter. John claimed thet ther' was suthin' up'ards of a 
hundred cords, an' Mr. Cummins said 'at he'd measured 
it, an' ther' was jest seventy-eight cords. John was ter 
have a dollar a cord, an' this made baout twenty-five 
dollars difference to him. Mr. Cummins wouldn't pay 
him but jest the seventy-eight dollars, an' John came 
home that night so mad he c'd hardly talk. He said 't 
what Cummins said baout it was jest the same as to call 
him a cheat, an' that if Cummins didn't pay him fer 
what he'd done one way he would another, and so on. 



11 



I didn't take much notice of it at the time, cause I thought 
of course, John was in a passion, but I'm free ter say I 
have thought of it some sence. 

Q. Who was present besides yourself and Burton ? 
A. Mrs. Baker and the children. 

Q. Is Mr. Cummins the sort of a man who will try to 
get out of paying an honest debt ? A. Why no, I never 
faound him so, an' never heard so; an' on the other hand, 
John ain't the kind of man to cheat in measure. I can't 
make aout haow't happened. 
State's Atty. 

Well, I guess that's all. 



WILLIAM C. TUPPER 

IS SWORN. 

EXAMINATION 
By Mr. Williams. 

Q. Your name is William C. Tupper and you reside 
in Allentown .? A. Yes sir. 
State's Atty, (to Foreman). One day and one mile. 

Q. Where were you on the evening of August loth ? 

A. I was down to Mr. Lewis Brown's house on Main 
Street, at a whist party until about eleven o'clock. 

Q. Now Mr. Tupper, — it may be important — do 
you think you can fix the time quite exactly that you 



38 



left there ? A. Yes sir, it so happens that I can. Mr. 
Brown was joking his wife about always having her clock 
fast; and I remember comparing it with my watch just 
as I came away, and it was five minutes fast; it said 
eleven o'clock, and the right time was five minutes of. 

Q. And where did you go then ? A. Right out 
through Grover Street, past the Cummins place, home. 

Q. Did you meet anybody ? A. Yes, just as I was 
going up the hill about forty rods from Cumminses I met 
John Burton, and he was drunk. 

Q. Do you know John Burton well ? A. Yes, oh 
yes. He was brought up here, and so was I. He was 
staggering almost from one side of the road to the other 
and muttering to himself. I spoke to him, but he didn't 
answer. I doubt if he knew I was there at all. 

Q. Was he carrying anything ? A. Yes, had some- 
thing in one hand. 

Q. What did it look like ? A. It was too dark for 
me to see. It might have been a pail or a can. 

Q. And how long was this after you left Mr. Brown's ? 
A. Couldn't have been over five minutes. 

Q. Oh, will you explain just how the houses are on 
Grover Street there ? We want those members of the 
jury who don't live in AUentown to be able to understand 
it clearly. A. Well, Grover Street runs off Main Street 
at about right angles, running north, and leads to Morley, 



39 



if you follow it about four miles. The first house on the 
left hand side after you leave Main Street, and about 
ten rods from Main Street is Lawyer Lemuel White's; 
then, about maybe twenty rods further up, comes old 
Miss Gibbons place, on the same side; then I guess it's 
thirty or forty rods more before you come to Cummins* 
house, or where his house was until the fire; then above 
that, from an eighth to a quarter of a mile, is my place; 
then comes Charles Baker's, and after that its pastures 
and woods for a mile or more. 

Q. These are all on the left side of the road. What 
about the right side .? A. Oh, there's two new houses 
on the right side, almost opposite Miss Gibbons'. Both 
of them belong to Abner Johnson. The one nearest the 
village he lives in, and the other he lets to a Swede man. 
Blomburg's his name; he works for Mr. Cummins. 

Q. And how far from these places that you have men- 
tioned on the left side is there any woodland ? A. There 
isn't any w^oods back of White's place nor Miss Gibbons'; 
just their gardens, and, back of them, gardens and fields 
of people over on the other street; but back of Cum- 
minses and my place and Baker's and maybe forty or 
fifty rods from the road, is hemlock and maple woods, a 
big tract of it. 

Q. Well, what happened after you met Burton there 
in the road f A. I went home, locked up my house 



40 



and so on and got ready to go to bed. I went up-stairs 
to my bedroom, and I happened to look out of my win- 
dow. This would be close on to half-past ele.ven; and I 
saw a light down to Cummins', in the back part of the 
house, the kitchen windows I guess. I was surprised to 
see that, as I understood the whole family was away over 
at Morley. And then suddenly the light shone brighter, 
and I saw a man start away from the house and run 
across that first field and jum.p over the wall into the 
mowing field, 

Q. Did he stagger as he ran ? A. Seemed to run 
kind of unsteady, yes. But still he seemed to run pretty 
fast and to get over the wall pretty handy. Of course you 
know I was probably sixty rods away, and the light I 
saw him by was mostly that of the fire. 

Q. You couldn't identify him t A. No, I couldn't 
even swear whether he was tall or short. 

Q. Well, what next ? A. I jumped down the stairs 
and out into the street, yelling *' Fire at the Cumminses," 
and ran down there as fast as I could go. When I got 
there, there was a pretty brisk blaze, started apparently 
in the corner outside where the kitchen ell joined the 
main body of the house. There was a lot of old barrels 
and boxes piled up there and they were blazing; and I 
could smell kerosene plain. We got to work lively, — 
there was two or three others got there about as quick 



41 



as I did — and we pulled the blazing stuflF away from the 
house and soaked that corner with water from the well. 
Some of the men had brought buckets. I think we could 
have managed that fire; but I went round the other side 
to see if I couldn't get into the kitchen to get some 
more pails, and I found, another one blazing 
there, a fire that was entirely separate from the other, and 
a good deal further along. I could see flames through the 
windows of the sitting room. By that time the fire com- 
pany had the hose connected. They had to run it clear 
out from Main Street, here being no hydrants on Grover 
Street; but it was too late. We saved some of the furni- 
ture, but the house seemed to burn like a hay barn 
almost. Just then I heard somebody shout "Old Mis' 
Cummins is up there on the third floor. " I run out by the 
side of the house, and there she was in the window of her 
room screaming for help. The smoke was pouring out of 
the window so that half the time you couldn't see her. 
Law)'er White jumped up on a pile of the furniture we'd 
saved out of the lower part of the house, and begun 
throwing it right and left like a madman. He seemed to 
have the strength of three men. I never saw anything like 
it. All at once I saw what he was after; 'twas a mattress 
from one of the beds; and I run to help him. Two or three 
others came to help as we dragged it out. We was going 
to hold it up so't she could jump down on it, but the poor 



42 



old lady was crazed with fright, I guess, or else she 
couldn't see what we were doing on account of the smoke, 
for she made a leap out of the window just before we 
got underneath it, turned partly over in the air and 
struck on her head and shoulders. I suppose her neck 
was broken, for she hardly moved after she struck the 
ground. 
A Juror. 

Q. You say you smelt kerosene in the fire when you 
first got there ? A. Yes, plainly. 

Q. An' that made you think the fire was incendiary I 
A. Yes, that and everything else. 
State's Atty. 

I think that's all, Mr. Tupper. 

* ******* 

12:05 P. M. 
Intermission. 
2: P. M. 
State's Atty. 

I guess we're all here, Mr. Sheriff. Close the door, if 
you please. 

I want to say now that John Burton sent for me this 
noon to come over to the jail. I went to see him, and he 
told me that he wanted to come here and testify in his 
own behalf, before the Grand Jury. I told him at once 
that I thought that wouldn't be a very wise thing for him 



43 



to do, for anything he said here, if its bearing was against 
him, would be used against him. And I gave him good 
advice. I said **the thing for you to do is to get a good 
lawyer; tell him your story and let him do his best for 
jou. " I gathered from what he did tell me, even after 
my warning, that he can't give any account of where he 
went or what he did from nine about o'clock on that 
evening till Sheriff Arnold waked him in the woods next 
morning. I don't believe he'd help his own case very 
much if we brought him here, and 1 rather hate to get 
help for the State's case in that way. Of course if he 
wants to go on the stand when his case comes on up- 
stairs, he has that privilege, but here it's for you to say. 
I'll have him brought over if you think it's best. 
A Juror. 

I guess we don't need to give him any rope to hang 
himself. There's plenty of others to do the job for him. 
State's Atty. 

Well, that's just what I think. So, with your permission, 
we'll go on with the next witness. 

(To Sheriff Arnold). I think we'll hear you next, 
Thomas. 



44 



THOMAS W. ARNOLD 

IS SWORN. 

EXAMINATION. 
By Mr. Williams. 

Q. Your name is Thomas W. Arnold, and you are 
Sheriff of this county ? A. Yes sir. 

Q. Where were you on the night of August 1 0th ? A. 
At the fire at Cummins' place. 

Q. From what you saw there did you conclude that 
the fire was incendiary? A. I did; and so did every- 
body else, I guess. 

Q. Did you get any clue as to who it was that set 
it ? A. No. 1 can't say I did that night. 

Q. Did you the next morning ? A. Yes sir, I was 
talking with Mr. Tupper, and he told me about seein* 
a man run away from the house, just as he told bere a 
little while ago. I thought 'twould be a good thing to go 
over toward that place where he see him get over the 
wall, and I did so. I n the grass up near the wall I found 
this. (Holds up about half a card of kitchen matches). 
State's Atty. 

The stenographer will attach a card to these matches 
marked "Exhibit I, G.J." 

Exhibit marked as directed. 
Witness (continuing). 

And just the other side of the wall I found this jack- 
knife. 

45 



State's Atty. 

The stenographer will mark this "Exhibit 2, G. J." 

Exhibit marked as directed. 
Witness. 

Then I began looking around in the field. The rowen 
was up six or eight inches high and there was a fairly good 
crop. It warn't long before I could make out a track or 
trail of somebody going through that grass, starting from 
just the place where I picked up the knife. Well sir, I 
fo owed that trail across the field and up into the woods 
on the other side. In the woods it warn't so easy, but I 
could still follow it by going carefully and taking my 
time. I've follered deer some, an' this was easier to follow 
than a deer track, cause the one that made it warn't 
going ten feet at a jump. And about maybe sixty rods into 
the woods, under a big hemlock tree, the other side of 
the hill, I came on John Burton, sound asleep. There 
was a quart whiskey bottle right beside him. That 
showed plain enough why he was asleep. And I woke 
him up and told him he was under arrest. 

Q. Did he seem to know v/hat he was arrested for ? 
A. No, he thought — or else he tried to make me think 
that he thought, that he was being arrested for drunken- 
ness. He says "I ain't doing any harm or making any 
disturbance out here." I says "I guess you have made 
disturbance enough." And I was going to put the hand- 



46 



cuffs on him, but he says "Oh, you don't need to use 
those. I'll go along with you all right." And he did. 
State's Atty. 

Any further questions, gentlemen f 
A Juror. 

Q. Did you find out who that knife belonged to ? 
State's Atty. 

No, Mr. Arnold doesn't know about that, but we're 
coming to that right away. See if Mr. Baker is out in 
the other room, Thomas. 

CHARLES C. BAKER 

RECALLED. 

EXAMINATION 
By Mr. Williams. 

Q. What kind of matches do you ordinarily use up 
at your house, Mr. Baker ? A. Why, these common 
card matches, Portland Star matches, I guess. 

Q. I show you these matches, marked "Exhibit i, 
G. J., "and ask you if that is the kind you use. A. Yes, 
that's the kind, sure enough. 

Q. John Burton always took what matches he wanted 
from the kitchen, I suppose. A. Yes sir. 

Q. I show you this knife, marked "Exhibit 2, G.J./* 
and ask if you ever saw that before. A. Yes, that's 



47 



John's knife. I've borrered it of him often enough ter 
cut a switch or somethin er that kind. 
State's Atty. 
That's all, Mr. Baker. 

State's Atty, (to Sheriff Arnold). 

Please go over to Mr. White's office and ask him to 
step over here for a few minutes. 
Sheriff Arnold, (returning, five minutes later). 

He wants to know if you won't excuse him. He say» 
that he don't know anything about this case that would 
be admissible at the trial. 
State's Atty. 

Well, I guess that's so, and I've been pretty careful 
not to introduce much evidence here that we can't use 
up-stairs; still I think we'll make an exception in this 
case. I think there is one thing that Mr. White knows 
that may assist us here; so please go back and tell him 
we can't excuse him, and ask him to come right over. 
We won't keep him more than ten minutes. 

State's Atty. 

You probably have noticed that I have been careful 
when any witness was repeating any conversation with 
the respondent to be sure that there were third parties 
who could support their testimony if necessary. It would 



48 



be admissible even without that, but it is much better 
to be able to support it. Now Mr. White's evidence will 
be about a conversation which he held at a time when 
there was no third party present, and with a person who 
has since died. That makes it wholly inadmissible as 
evidence in County Court, but the Grand Jury is, to 
quite an extent, a law unto itself; and when the evidence 
comes from a man of the character and standing of Mr. 
White I think we'll do well to hear it. 

LEMUEL WHITE, ESQ. 

IS SWORN. 

EXAMINATION 
By Mr. Williams. 

Q. Your name is Lemuel White, and you are an 
attorney at law residing in Allentown ? A. Yes sir. 

Q. Will you relate to the jury, Mr. White, what 
transpired at your office one day in July last when you 
drew up a certain will .? A. Mrs. Teresa Cummins, 
the old lady who recently lost her life at the fire, called , 
at my office one day early in July for the purpose of 
making her will. I drew up the paper, and when it was 
satisfactory to her, I called in two gentlemen from nearby 
offices who witnessed her signature. After they had gone, 
the business on which she came having been attended to, 
she sat for a little while in a chair by my office window to 



49 



rest before returning home. While she was there we saw 
John Burton driving by in Mr. Baker's wagon. She 
seemed somewhat agitated at the sight of him, and said 
to me: "Oh, I do wish that John Burton was out of 
town!" 

I said "Why ? I understood that he was getting to be 
quite a steady and reliable fellow." 

"Steady and reliable!" she replied, "If he don't end on 
a scaffold, with that temper of his, I miss my guess. I'll 
tell you something that I've never spoken of at home 
because Stephen and Martha have had trouble enough 
lately; but it's never out of my mind. " — 

Of course gentlemen, I am relying on my memory and 
can't swear that I am giving her exact words; but the 
substance of it was this — One day last April John Burton 
and her son, Stephen Cummins, had had some trouble 
about the pay for some wood-cutting that Burton had 
done. As she understood it. Burton was trying to get 
pay for about twenty-five cords more than he had cut. 
She was sitting in the front room of the house, and one 
of the windows was open, although the blinds were closed. 
There was a walk which ran from the back door of the 
house to the street, and directly past this window. She 
had heard the loud talk in the back yard, but as Mrs. 
Stephen Cummins had already gone out that way she 
thought it best to remain where she was. Suddenly the 



50 



loud voices ceased, and looking out between the slats of 
the blinds, she could see Burton coming toward her 
along the path, and heard him muttering to himself. 
He, of course, could not see her, and just as he got oppo- 
site the window, she heard this much plainly — "He'll 
find he can't tread on me, damn him! He'll pay me that 
money or I'll burn the roof over his head." 

I think now, of course, that I ought to have taken some 
measures in the matter; but at the time it didn't seem to 
me so very important. I told Mrs. Cummins that this 
was something that he said in the heat of passion, th at he 
was too bright a young fellow to risk a long term in prison 
for a spite like that and so on, and I also told her that I 
would look into the matter quietly and see what ought 
to be done; and I think perhaps she felt somewhat re- 
assured. At any rate I never heard of her speaking of the 
matter to anyone else. 
A Juror. 

Q. And you didn't take no steps at all yourself? A. 
Why, I made a few inquiries about Burton, with the idea 
of making up my mind whether he was the sort who 
would ever seriously think of carrying out such a threat. 
Mr. Wedge here will perhaps remember my asking him a 
few questions one night at the Town Hall. 
Mr. Wedge. 

Yes, an' I remember now't I give yer quite a favorable 
account of him. 

51 



Witness. 

Yes, and you weren't the only one. Somebody that I 
spoke to — I've forgotten now who it was — told me that 
Burton had entirely quit drinking. I think it was that 
more than anything else that reassured me. I felt quite 
sure that no intelligent man in his sober senses would 
ever commit a crime like this over a matter of twenty-five 
dollars. 
A Juror. 

No, but it seems he didn't always keep his sober senses. 
Witness. 

No, he didn't. Oh, I blame myself for letting the matter 
drop as I did. I might have had him arrested, and if we 
could have proved these threats of his, we m.ight have had 
him put under bonds to keep the peace. 
State's Atty. 

Well, taking the circumstances as they were known at 
that time, that would have seemed a rather harsh pro- 
ceeding. I don't think we ought to blame Mr. White 
very much when we take everything into consideration. 
A Juror. 

It's a sight easier to say what oughter've ben done 
arterwards than before. 
State's Atty. 

Yes, you're right, Mr. Wedge. Well, I guess that's 
all, Mr. White. Thank you. 



52 



ANTONIO D. COSTA 

IS SWORN. 

EXAMINATION 
By Mr. Williams. 

Q. What is your name ? A. Tony Costa. 

Q. Well, your full name is Antonio, isn't it ? A. 
Yes, yes sir, dat's Antonio Domenico Costa. 

Q. How old are you ? A. T'irty-five year. 

Q. And you were born in Italy ? A. Yes sir, in 
Genoa. 

Q. How long have you been in this country ? A. 
Bout five year. I come to dese part da country las' 
spring. 

Q. And have you lived in Allentown since you came 
to Vermont ? A. Yes sir, an' I have been to Barre and 
some oder places. 

Q. What is your occupation ? What do you do for a 
living ? A. Oh, I am gardener. I was gardener in 
Italy before I went in army. An' I have work on farm 
here; work for Meester Cummins some an' for Meester 
White some an' some for Meester Baker 

Q. When you worked for Mr. Baker did you meet a 
young man by the name of John Burton ? A. Oh yes, 
I work wid him 'bout one wik. 

Q. So you know him well, do you ? A. Oh yes, I 
can tell him any time. 



53 



Q. Now Tony, will you tell these gentlemen where 
you were on the night of August loth, the night of the 
Cummins fire, how you came to be there, what you saw, 
and all about it. A. Well, you see I had been gone away 
from here 'bout two wik. I had gone Barre to see if I can 
get job in da stone cuttin*. I geta da job all right, but it 
is too hard de work, an* I like better on farm. So I come 
back here, an' I get here 'bout ten 'clock dat night. 

Q. That's August loth? A. Yes sir, dat's August 
ten', da night dat was da fire. An* I have no place to 
go; so I tink I will go to Mr. Cummins' barn an* sleep; an* 
in mornin* I will ask him for job. 

Q. Did you know then that Mr. Cummins was away ? 
A. No. 

Q. Then why didn't you try to see him that night .? 
A. Oh, dey alvays go to bed what is ver' early, 'bout 
seven 'clock or someting like dat; and ten 'clock is 
middle of night wid dem. 

Q. Yes, I see. So you thought you wouldn't dis- 
turb them ? A. Yes. I go in barn, — dere was little 
door in back side dat was not lock — an* I go up an' feel 
roun* in dark, an* I fin' ladder dat goes way up in high 
part da barn where is da hay. An' dere is winda open 
up dere; an' I can look by dat winda to da house. 

Q. Yes, — now just a moment, — how far away was 
the house f A. Oh, it is little ways, so long as dis 
room maybe. 

54 



State's Atty, (to Jury). 

How far should you say that is ? 
A Juror. 

'Bout thirty feet I sh'd say; an' as I remember it, 
that's jest about what it was. Of course, there was 
woodsheds an' so on on one side 't connected the barn 
an' the house. 
State's Atty. 

Q. Well, go on, Tony. A. Well, I was lay down on 
da hay; an' maybe I go sleep — 1 tink so, — but pretty soon 
I wake up. I hear some kinda noise down at da house . 
Den I get up pretty quick an' look out, an' 1 see a man 
dat has put up da box an' da barrel an' such kin' stuff 
up to da house. An' den he takes a pail of some ker'sene 
and trow it over da box an' stuff an' den he touch a 
match, and she burn right up. 
A Juror. 

Why didn't you yell at him ? A. I was goin' ta 
holler at him, but den I tink if I holler he will run; an* I 
want to see if I can't tell who 'tis. 
State's Atty. 

Q. It was too dark for you to tell at first, was it ^ A. 
Yes sir. I cannot see enough to tell who it is, only dat 
he is a big tall man; but when da fire come up quick like 
dat (gesturing with both hands) den I can see ver* 
well; and it is John Burton. 



55 



Q. NowareyousureofthatjTony ? A. Ohyes,Iam 
sure. Da fire comes up ver' quick, and all da place was 
so light, jus' like da daytime. 

Q. And what did you do then ? A. I start to come 
down so fast as I can, but is is ver' dark in da barn, an* 
I can see not'ing. I look for dat ladder for long time, an* 
I begin tink I shall be burn up dere; an' by'n by I fin* 
dat ladder, and start to go down, an' I go bout half down 
an' I miss my step an' fall. I was pretty bad hurt, an* 
I can not get up; but pretty soon I hear da men come 
dat will try to stop da fire; an' pretty soon somebody 
open da big door an' come in an' look after da pails for 
water; an* den pretty soon I come out an' help to stop 
da fire. 

Q. Did anybody ask you how you cam.e to be in the 
barn ? A. No, dey say not'ing to me. I s'pose dey 
tink I come wid da oder men, 

Q. When was the first time you told anybody of 
this ? A. I don't talk bout dis. I tell you tree, four day 
after da fire. Dat's all. 
State's Atty. 

Do any of you think of anything further that you'd 
like to ask this witness ? 

Well, that's all, Tony. 



56 



State's Atty. 

Yes, Tony came to me and told me this story the day 
after Burton had his hearing before the justice; and as 
he had already been held to await your action I asked 
Tony not to talk of the matter at all, but told him that 
we should surely want his story here, and of course also 
in the trial up.-stairs, unless Burton pleads guilty. 
A Juror. 

That's about as sensible a thing as he can do, isn't it ? 
State's Atty. 

Why, / should think so. Of course the judge will take 
into consideration the fact that he was intoxicated at the 
time, although, of course, that's no legal defense. Then 
too, his being so young and not having any other serious 
offence recorded against him will help, and if he pleads 
guilty he may get off with a comparatively short term. 

(To Sheriff Arnold.) See if Miss Morrill is in the ante- 
room, Thomas. 

ELIZABETH A. MORRILL 

IS SWORN. yj 

EXAMINATION. 
By Mr. Williams. 

Q. What is your full name, Miss Morrill ? A. Eliza- 
beth A. Morrill. 

Q. And you reside in Allentown ? A. Yes, I have 



57 



lived here since I began teaching school at District No, 
5, a little more than a year ago. 

Q. Do you know John Burton ? A. Yes sir. 

Q. Yes. Please speak a little louder, Miss Morrill, 
so as to be sure that we all hear you. A. I will try to. 

Q. Now, I don't know what you have to tell us of the 
fire at the Cummins place. Of course you yourself asked 
that you might testify here. A. I wanted to tell you 
this. You have a man shut up in jail there, charged with 
crime, who wouldn't do a horrible thing like this any 
more than he would cut off his right hand. 
A Juror. 

Perhaps he warn't altogether in his sober senses when 
he did it. 
Witness. 

Oh, that's what everyone says! I tell you he couldn't 
have done a thing like this, no matter if he had been 
drinking. It was too horrible. I saw Mrs. Cummins 
myself when she leaped out of that window. And her 
body just stirred once or twice after she struck the 
ground. No, I tell you, John Burton couldn't have done 
a thing like that. It must have been some cold-blooded, 
miserable snake of a man. (Crying). 
State's Atty. 

I don't think, Miss Morrill, that any of us believe now 
that John Burton set fire to the house intending to burn 



58 



any person in it. It was generally understood among the 
neighbors, and probably Burton among them, that Mr. 
Cummins and his whole family had gone to Morley. 
Probably whoever lighted the fire thought the house was 
empty. (Answer inaudible.) 
State's Atty. 

I'm afraid we don't understand you. Take a little 
time if you wish. We intend to take all the time that is 
necessary for this investigation; it is too serious a matter 
to be disposed of hastily. 
Witness, (drying her eyes). 

John Burton is too good and too honorable to burn a 
man's house for revenge. I — I have seen a great deal of 
him in the past year or so. People have said I had a good 
influence over him, but they don't know the whole story. 
He did stop drinking because — well, because I wouldn't 
receive any attentions from him unless he did, but all 
the time he was a man all through. I was proud that he 
wanted me to be his wife, — I am proud of it now. 

Q. When did you last see him before the fire .? A. 
About nine o'clock that same evening, at Mrs. Welling- 
ton's where I board. 

Q. Was — had he been drinking ? A. No sir, but I 
know how he came to be intoxicated; and that's partly 
what I came to tell you. He and I had had a quarrel that 
evening, and I had given him back his ring. It was a 



59 



foolish thing, and all my fault. But there were certain 
things that had made me angry, and I wouldn't give him 
any chance to explain. Finally he got angry too, and put 
his ring in his pocket and went away. Then he got some 
whiskey somewhere, and all this trouble has come as a 
result of it. 

Q. Did you ever hear him make any angry or threat- 
ening remarks about Stephen Cummins ? A. Last spring 
when Mr. Cummins came to settle up with him for wood 
he had been cutting through the winter he claimed that 
he had measured it and that it fell short from what John 
had told him twenty-five or thirty cords; and he wouldn't 
pay except according to his own figures. John was very 
angry about that, — not so much on account of not get- 
ting the money for his work as on account of Mr. Cum- 
mins implying that he was a cheat. I tried to think up 
some way in which it could be proved that John's meas- 
uring was correct, but some of the wood had been sold 
and some of it used for sugaring, so it was no use. And 
if John ever had any idea of doing anything to get even 
with Mr. Cummins it was only right at the time, when 
he was so angry about it; and he gave it up long ago. 

Q. Are you sure ? A. Yes sir. 

Q. Miss Morrill, we have had quite a little testimony 
as to John Burton's good character in some respects; 
but is it not the fact that when he had been drinking, or 



60 



when he supposed somebody had injured him, he was a 
passionate and revengeful man ? A. I don't think so. 

Q. A little louder, please. A. I don't think so. 

Q. You have just told us how he went and got in- 
toxicated, breaking down all the good reputation he had 
been building up, immediately after having had a quarrel 
with you. A. Yes, but that was different. 

Q. Are you ready to swear that, taking into consid- 
eration all that you have known of John Burton, you 
believe he was not any more likely to take revenge for an 
injury than most other men ? 

Witness lays her head on the table and makes no 
answer. 
State's Atty. 

Well, we won't trouble you further. I know this is a very 
painful thing. Gentlemen, I think we will adjourn. I 
have no further testimony to offer in this case. 

Adjourned 5:10 P. M. 



61 



SECTION 2. 

THE COUNTY COURT. 

Warner County Court, 

September Term, 1899. 

Oct. 5, 1899. 

APPEARANCES. 
For the State For the Respondent. 

State's Attorney Williams C. H. Fulton. 
Lemuel White. 

Webster, J. 
The Clerk. 

John Burton, stand up. 
(Reads). 

STATE OF VERMONT ) 
Warner County, ss. j 

Be It Remembered that at a term of the County 
Court begun and held at Allentown, within and for the 
said County of Warner, on the second Tuesday of Sep- 



62 



tember, in the year of our Lord one thousand eight 
hundred and ninety-nine, the Grand Jurors within and 
for the body of the County of Warner aforesaid, now 
here in Court duly empaneled and sworn, and upon 
their oaths present, that John Burton, of Allentown, in 
the County of Warner, and State of Vermont, at Allen- 
town, in the County of Warner aforesaid, on the tenth day 
of August, in the year of our Lord one thousand eight 
hundred and ninety-nine, did then and there set fire to, 
burn and destroy the house of one Stephen Cummins, of 
Allentown, aforesaid, and did then and there commit 
the crime of arson, contrary to the form of the statute 
in such case made and provided, and against the peace 
and dignity of the State. 

J. T. MUNSON, 

Foreman. 

Chas. G. Oliver, 
Clerk. 

You have heard the indictment. Are you guilty or not 
guilty ? 

The Respondent. 
Not guilty. 

The jury is empanelled and sworn. 
The Clerk reads the indictment to the jury. 



63 



The Clerk. 

The respondent has been arraigned, and pleaded not 
guilty, and puts him upon the country for trial; which 
country, Gentlemen of the Jury, you are. 
The Court. (To Mr. Williams.) 

Do you wish to make any preliminary statement of the 
case ? 
Mr. Williams. 

I think not. Your Honor. 
The Court. (To Mr. Fulton.) 

And have you anything to say ? 
Mr. Fulton. 

No, if the Court please, I have been so recently called 
into this case that I am not as yet very familiar with it, and 
must trust to being able to learn its details as we go 
along. 
The Court. (To Mr. Williams.) 

You may proceed. 

Eleven witnesses for the State are sworn. 

WILLIAM C. TUPPER, 
Called in Behalf of the State. 
DIRECT EXAMINATION 
By Mr. Williams. 

Q. Your full name, Mr. Tupper. A. William C. 
Tupper. 



64 



Q. And where do you live ? A. On Grover Street, or 
the Morley Road, some call it, in Allentown. 

Q. How is your place situated with reference to that 
of Stephen Cummins ? A. Mine is right next to it. 

Q. At some time were the house and barn of Mr. 
Cummins burned down ? A. Yes sir, on August loth, 
this last summer. 

Q. I show you a rough sketch of Grover Street and 
the houses and farms along there, and ask if that gives 
a substantially correct idea of the locality. A. (Examining 
sketch). Why yes, I should say that was all right. 

Sketch is offered in evidence, is admitted, and is exam- 
ined by the jury. 

Q. Now where were you on the evening of August 
loth ? A. At a whist party at Lewis Brown's on Main 
Street. 

Q. What time did you leave there .'' A. At five 
minutes of eleven. 

Q. How do you know it was just that time ? A. I 
looked at my watch just as I was going out. 

Q. And then where did you go ? A. Out on to 
Grover Street, directly home. 

Q. Are you acquainted with John Burton, the re- 
spondent here? A. Yes, I have known him all his life 

Q. Did you meet anyone on your way home ? A. 
Yes sir, I met John Burton. 



6s 



Q. Where was this ? A. About half way between 
Cummins' place and mine. 

Q. Did you notice anything about him ? A. Yes, 
noticed that he was very drunk. 

Q. Did you speak to him .? A. Yes. 

Q. Did he answer .? A. No. 

Q. Did you notice anything else about him .? A. I 
don't know as I did. 

Q. Notice anything that he carried ,? 

Mr. Fulton. 

We object to that. That is certainly leading. 

The Court. 

That is somewhat leading. 
Mr. Williams. 

Q. Well, did you notice anything else about the re- 
spondent than that he was intoxicated .'' A. No, I 
don't believe I can swear that I did. I think I have said 
that he was carrying a pail in his hand; but thinking it 
over now, I don't know as I'm sure enough of that so 
that I want to swear to it. 

Q. Well, what next did you do ? — Or before that, — 
What time was this that you met the respondent ? A. 
Just about eleven o'clock. 
Mr. Fulton. 

He's guessing at that. 



66 



Mr. Williams. 

Well, if he is you'll ha\ve a chance to show it on cross- 
examination. 

Q. What makes you think it was eleven o'clock .? A. 
Well, it usually takes me five minutes to walk from Main 
Street up to my place, but that night, not being in any 
hurry, it might have taken me five minutes to get to 
where I met him. 

Mr. Fulton. 

We object to his testifying as to what it might have 
taken him. 

The Court. 

I think we will exclude that part of his answer which 
attempts to state what time it was, and leave the jury to 
form their own estimate from his other testimony. 

Mr. Williams. 

Q. Well, what did you do next ? A. I went home 
and locked up and got ready to go to bed. 

Q. Yes, and then ? A. I went up to my bedroom. 
This has a window that faces south, towards Cum- 
minses. I happened to look out there, and I saw a light 
down there. This kind er surprised me because I had 
seen Mr. and Mrs. Cummins and what I supposed was 
their whole family in his covered carriage going to 
Morley that day, and I understood — 



67 



The Court. 

Well, never mind what you supposed and understood. 
You saw a light down at the Cummins' place ? A. Yes 
sir. 
Mr. Williams. 

Q. And then w^hat ? A. I saw it blaze up big all of 
a sudden, and then I saw a man run away from the house 
across that first field and get over the wall. 

Q. How did he run ? A. About as fast as he could 

go- 

Q. Well, did he run in a straight line toward the 

point where he got over the wall ? A. Now there's 
another thing I can't swear to for certain. Of course 
I know he must have staggered some — 
Mr. Fulton. 

Hold on. — We object. The witness isn't here to draw 
conclusions. 
The Court. 

Objection sustained. The jury will take particular 
notice that they are to consider only what the witness 
actually saw or heard. What he thinks must have been 
so or not so has nothing to do with it. 
Mr. Williams. 

Q. What did you do next ? A. I ran out into the 
street, yelling "Fire," and ran down there as fast as I 
could. When I got there, there was a pile of old barrels 



68 



and boxes in the corner between the ell and the main 
house that were all ablaze, and I could smell kerosene 
plain. There were some others that got there nearly as 
soon as I did, and we pulled the stuff away from the 
house, and begun wetting down the place with water from 
the well there. And I went around the other side of the 
kitchen ell to see if I couldn't get some more pails, and I 
found there was another fire there, both inside and 
outside the house. I could see blaze through the win- 
dows. And the firemen got there about that time, but 
before they could get their hose connected from Main 
Street it was too far gone for them to save it. 

Q. At some time did you point out to an officer the 
place where you saw a man get over the wall ? 

Mr. Fulton. 

Hold on. We object. That is a leading question, and 
it is also objectionable in that it involves conversation. 

The Court (to Mr. Williams). 
What do you expect to show ? 

Mr. Williams. 

We expect to show that this witness pointed out to 
Sheriff Lawson the place where he saw the man get over 
the wall immediately after the fire first appeared, and 
that the sheriff followed up the trail that he found there 
and came upon and arrested the respondent. 



69 



The Court. 

I think you are within your rights there. 
Mr. Fulton. 

We wish an exception. 
The Court. 

Very well. 

Exception by Respondent. 
Mr. Williams, (to witness). 

Now you may answer. Don't tell what was said 
between you, — but did you indicate that place to Sher- 
iff Lawson ? A. I did. 
Mr. Williams, (to Mr. Fulton). 

You may examine. 

CROSS EXAMINATION 
By Mr. Fulton. 

Q. Mr. Tupper, I believe you stated that it was 
just five minutes of eleven when you left Mr. Brown's 
house. A. Yes sir. 

Q. You looked at your watch ? A. Yes sir. 

Q. Now, Mr. Tupper, did you ever have a watch that 
didn't keep perfect time .? A. Yes, I have, hundreds 
of them. 

Q. Hundredsof them .? A. Yes sir. 

Q. Well, you must have changed pretty frequently. 
A. Yes sir. 



70 



Q. Watches arc a hobby of yours ? A. Somewhat, 
yes. I am a jeweler and watchmaker. 

Q. Oh yes, — I see. Now you say John Burton was 
very drunk when you met him. ? A. Yes sir. 

Q. Staggered all over the road ? A. Yes sir. 

Q. Didn't know you when you spoke to him ? A. 
Didn't seem to, — didn't answer any way. 

Q. Did you look at your watch just before or just 
after meeting John Burton ? A. No. 

Q. So when you say that it was five minutes after or 
ten minutes, or any definite time after you left Mr. 
Brown's, you are merely giving your judgment ^ A. My 
judgment of the time, yes sir. 

Q. Now you say you saw a man run away as the 
fire started up ? A. Yes sir. 

Q. He ran fast, you say ? A. Yes sir. 

Q. Nov/ is it not the fact that you simply saw a man 
run from somewhere near the fire, and get over the wall, 
and that anything about his staggering as he ran is some- 
thing that came into your mind afterward ? A. Well, 
I don't know, I'm sure. It's in my mind that I did see 
him stagger, but as for swearing to it that he did I don't 
know as I should want to. 

Q. How high is that wall there where you say a man 
get over ? A. Well, it's a good four feet, I don't know 
but it's five. 



71 



Q. Could any man who was as drunk as you say the 
respondent was, have gotten quickly over that wall ? 
Mr. White. 

Wait. We object. He's arguing the matter with the 
witness. 
The Court. 

That last question may be excluded. 

Mr. Fulton. 

Very well. I don't think of anything more. 

******** 

Mr. Williams, (after a brief conference with Mr. 

White). 

If it please the Court, we would like to suggest that we 
take an intermission at this time. I know it is somewhat 
earlier than the usual time, but Mr. White has called 
my attention to a certain direction which has been taken 
in the cross-examination of Mr. Tupper, and we wish to 
call a certain witness who is not now in the court room, 
but whom we hope to have here in a very short time. 
The Court. 

We will take an intermission often minutes. 

1 0:00 A. M. 
Intermission. 



V' 



io:i3 A. M. 

DR. CHARLES INGALLS 
Called in behalf of the State, is sworn. 

DIRECT EXAMINATION 
By Mr. White. 

Q. You are Dr. Charles Ingalls, of AUentown ? A. 
Yes sir. 

Q. And you are a practising physician here ? A. 
Yes sir 

Q. And have been for how long ? A. About three 
years. 

Q. Before that time what position did you hold ? A. 
I was for five years one of the physicians at the Morrison 
Institute for the Cure of Inebriety. 

Q. And have you made an especial study of the effects 
of alcohol on the human body and mind, and have you 
had occasion to carefully observe the various phases of 
drunkenness ? 
Mr. Fulton. 

We object to all this as immaterial. 
The Court, (to Mr. White). 

What do you expect to show ? 
Mr. White. 

It was very plain from the cross-examination of the 



73 



last witness that the defense intends to argue that a man 
as intoxicated as the respondent was, could not have run 
without staggering very noticeably, and could not have 
climbed over the wall in the manner described. Now the 
State claims that the same man whom Mr. Tupper met 
in the road half an hour before, that is to say the re- 
spondent, set fire to the house of Stephen Cummins, and 
did run away across the field and get over that wall. We 
claim that he staggered as he ran, but we also claim 
that even if he did not, it is no sign that it was not the 
same man. And we offer Dr. Ingalls as an expert in 
matters of inebriety. 
The Court, (to Mr. Fulton). 

Do you make any question as to his qualifications ? 
Mr. Fulton. 

No, Your Honor, but we submit that any such testi- 
mony is not in its proper order at this point. 
The Court. 

It seems to me to follow logically. 
Mr. Fulton. 

We wish an exception. 

Exception by Respondent. 
Mr. White. 

Q. Doctor, suppose that a person who had been seen 
a half hour before so intoxicated as not to be able to walk 
without staggering decidedly, has committed a serious 



74 



crime, and suddenly realizes that if he expects to escape 
capture and punishment for this crime he must get away 
quickly from the scene of it, would it not be likely that 
the situation would so act on his brain and nervous 
system as to sober him, at least partially and for the time 
being, so that in running away he might not stagger, but 
might run and otherwise act as a sober man would under 
like circumstances ? 
Mr. Fulton. 

We object. He hasn't included all the circumstances. 
The Court. 

Perhaps you had better not put the question in just that 
way. 
Mr. White. 

Well, I will get at it in another way. 

Q. What is the effect of an intense nervous shock, 
such as fright, grief, extreme surprise, etc., likely to be 
upon a drunken man ? A. Such things often operate to 
partially or completely sober them. 

Q. And whether their ability to walk or run then be- 
comes like that of a sober man. A. It does. 
Mr. White. 

That is all. 

CROSS EXAMINATION 
By Mr. Fulton. 

Q. Doctor, would a man who had been sobered in 



75 



such a way relapse into intoxication as soon as the imme- 
diate eflFect of the shock was exhusted ? A. I think not. 
Q. Then you would expect such a man to remain 
sober. A. I think he would remain sober. That is 
unless he got more liquor. 



STEPHEN CUMMINS 
Called in Behalf of the State. 

DIRECT EXAMINATION 
By Mr. Williams. 

Q. Your name is Stephen Cummins ? A. Yes sir. 

Q. At some time were your house and barn destroyed 
by fire ^ A. They were, on the night of the tenth of 
August, this last summer. 

Q. Have you ever had serious trouble with any 
person so that violent threats of injury were made 
against you ? A. Wal' yes, that has happened to me 
once or twice. 

Q. Do you know this respondent, John Burton .? 
A. Yes sir, I do. 

Q. And did he at some time work for you ? A. Yes, 
he did, cuttin' wood, last winter. 

Q. And did you have some trouble with him about 
the payment for that work ? A. Yes, I did. He claimed 



76 



he'd cut a hundred and six cords, but I found ther' 
warn't but seventy-eight cords of it, an' that's what I 
paid him for. 

Q. And you may state whether at the time of that set- 
tlement he made use of violent and abusive language ? 
A. Yes, he did. He talked very loud and threatenin'; — 
acted as if he was goin' ter pitch inter me. 
Mr. Fulton. 

We object to the latter portion of that answer as not 
being responsive. 
The Court. 

It may be stricken out. 
Mr. Williams. 

Q. Did he, besides using threatening language, also 
act in a threatening manner ? A. Yes, he did. 

Q. What were some of the things he said, as nearly 
as you can remember them .? A. One thing he said 
was "This thing'll cost you a good deal more than 
twenty-eight dollars before you git through.'* 

Q. What else ? A. He said he warn't no thief, or 
something like that. 

Q. Did you have any insurance on your buildings at 
the time they were burned .? 
Mr. Fulton. 

Object! It is immaterial for the purposes of this trial 
whether he did or not. 



n 



Mr. Williams. 

If the Court please, we wish to show that Mr. Cum- 
mins' insurance had just run out, and that the re- 
spondent knew it. We claim that he burned those build- 
ings for the purpose of revenge; and the fact that he 
knew the insurance had run out tends to substantiate 
that claim. 
The Court. 

You may show it. 
Mr. Williams. 

Q. Did you at some time, in the presence of the re- 
spondent, have a conversation with Mr. Baker with ref- 
erence to the insurance on your buildings .? A. Yes, 
I told him — 

Q. Well, just a moment, Mr, Cummins, — did you in 
that conversation, and within the hearing of the respond- 
ent, state that your insurance had just run out .? A. I 
did. 

Q. When was this ? A. Jest two days before the fire. 

Q. And did you at that time have some talk with 
Mr. Baker about reinsuring your buildings the next week ? 
A. Yes, we sort of planned that I'd see Mr. Beal, the 
insurance man, the next week. He generally stopped 
for dinner at Mr. Baker's when he come to Allentown. 
Mr. Williams, (to Mr. Fulton). 

I think you may inquire. 



7» 



CROSS EXAMINATION 
By Mr. Fulton. 

Q. You have spoken of some loud talk that occurred 
at the time you paid the respondent for some wood 
cutting. Did he at that time threaten to burn your 
buildings : A. No, I d'know's he did, in so many 
words. 

Q. Well, did he at all ? A. Wal', 'twas plain enough 
afterwards what he meant. 

Q. Did he or did he not threaten to burn your 
buildino;s ? A. I d'know's he did. 

Q. Now what was John Burton doing while you and 
Mr. Baker were holding that conversation about the 
insurance .? A. Hoein', 

Q. Working right along, was he : A. Yes, I 
b'lieve so. 

Q. Did he take any part in the conversation } A. 
No, he ain't spoke ter me nor I ter him sence that time 
in April. 

Q. How do you know that he heard this conver- 
sation } A. He warn't more'n ten feet away. 

Q. But you say he w^as hoeing all the time .? A. I 
b'lieve so, yes. 
Mr. Fulton (to the stenographer). 

Mr. Wingart, will you refer to Mr. Cummins* direct 
examination and read us that question and answer as to 



79 



whether anybody had ever made violent threats against 

him. 

Stenographer, (reading from notes). 

"Question. Have you ever had serious trouble with 
any person so that violent threats of injury were made 
against you ? Answer. Wal' yes, that has happened 
to me once or twice." 
Mr. Fulton. 

Yes, that is as I remembered it. 

Q. Now Mr. Cummins, you say that has happened 
oncc or twice. You have told about one occasion. Now 
tell us about any other time or times. A. Oh, that 
hadn't nothin' to do with this case. 

Q. Well, we'll let the jury judge of that. What was 
this other occasion .'' A. Wal', I'm sorry it come up 
here at all. It ain't nothin' to do with this case;'twas 
three, four years ago, an' when all's said 'n done, I don't 
know but I was jest as much ter blame as the other 
party was. But my nephew 'n I had ben havin' some 
litigation with the United States Pulp Company over 
some water rights, an' Mr. Lemuel White was our law- 
yer. The thing hung along two, three years, an' finally 
was settled outer court. 
The Court. 

Well, make a long story short. Who was it you had 
the trouble with ? A. Mr. White. When I went to his 



80 



office one day to settle up with him I was feelin' kinder 
sore, an' I told him — 
Mr. Williams. 

We object. 
The Court. 

Well, do I understand that you had trouble with him 
over his bill for services ? A. Yes. I c'd tell jest what 
I said to him if you wanted I should. Anyway it seems 
that what I said, which was somethin' about his probMy 
gittin' somethin' out of it from the other side, was what 
would be considered the worst kind of an insult by a 
lawyer. An' he jumped up and started for me. There 
might hev ben consi'ble of a fracas, but one or two 
others that was there grabbed him and held him back. 
But he yells out at me "I'll make you sweat for this, you 
old fool!" But he never brought no suit nor nothin*; 
an' I want to say right here, now't the thing has come up, 
that I'm sorry I used the language I did that day. 
Mr. White. (Laughing.) 

And I'm sorry for my part of it, Mr. Cummins. 
Mr. Fulton. 

Q. Well, were there any other occasions that you 
know of when threats were made against you ? A. I 
don't recall any. 



8i 



CHARLES C. BAKER 
Called in Behalf of the State. 
DIRECT EXAMINATION 
By Mr. Williams. 

Q. Your name is Charles C. Baker, and you reside 
in Allentown .'' A. Yes sir. 

Q. And have you had in your employ the respondent 
in this case, John Burton ? A. Yes, up ter the time 
he was arrested. 

Q. Have you at any time heard him make any 
violent or threatening remarks about Stephen Cum- 
mins .'' A. Yes, I s'pose I have. 

Q. You may state what they were, and what was 
the occasion ? A. Wal', las' spring he'n Mr. Cummins 
had some trouble in settlin' up fer some wood cuttin* 
John'd done. It seems 't John considered thet Mr. 
Cummins hed insulted him besides not payin* him his 
full bill. And he did talk consid'ble violent baout it. 

Q. .Did he threaten harm to Mr. Cummins? A. 
Wal', he said Stephen Cummins, if he didn't pay him one 
way he would another, and so on. He was in a passion at 
the time. 

Q. Now coming to a certain day in August, just a 
little before the fire, do you remember of Mr. Cummins 
stopping and having a conversation with you in the 
presence of the respondent ? A. Yes, I guess he did. 



Sz 



Q. What was that talk about ? A. Why, we talked 
baout his insunn his buildin's. His insurance hed jest 
run aout. 

Q. How far away was the respondent ? A. Oh, he 
was right there, workin' right by us. 

Q. Did he speak to Mr. Cummins? A. No, he 
didn't, nor Mr. Cummins ter him. 

Q. Where do you keep kerosene at your place, Mr. 
Baker ? A. In a barrel in a shed aout by the barn. 

Q. Have you missed some oil from this barrel ? A. 
Yes sir. 

Q. And when was that ? A. On August tenth— I 
remember it bein' the day that the fire was that same 
night — an' along baout five o'clock I went an' got some 
oil aouter that barrel, an' when I left it ther' was baout 
a pailful or so left in the barrel. I could hear it swash, 
an* could tell by the heft of it too. But the next mornin' 
when I went ter empty the barrel ther' warn't hardly any 
at all in it. 

Q. Had any oil run out on the floor ? A. No, ther* 
warn't no signs of it. 

Q. Was anything else missing ? A. Ther' was an 
old tin pail gone, thet had been used some ter keep oil in. 

Q. Could any member of your family have taken the 
oil out ? A. Nobody could have taken it but John 
Burton. 



83 



Q. Why not ? Because the shed was locked, and 
he'n I was the only ones thet knew where the key was 
kep*. An* I know I didn't take it aout. 
Mr. Williams. 

Well, that's all. 

Respondent and his counsel talk together for two or 
three minutes. 

CROSS EXAMINATION 
By Mr. Fulton. 

Q. Mr. Baker, what had the respondent been work- 
ing at during the afternoon of August tenth ? A. Why, 
I don' know. 

Q. I will refresh your memory a little. Hadn't he been 
working in the lot back of the barn ? A. Yes, I guess 
he was. I guess he was hoein' strawberries. 

Q. Yes, and wasn't he also mowing bushes f A. 
Not that I know of. 

Q. You were away, I suppose ? A. Yes, I b'lieve 
I was in the village here. 

Q. Wasn't there a kind of hedgerow of young trees 
and sprouts on the edge of that field that John Burton cut 
down that afternoon ? A. Why yes, ther' was such a 
hedgerow, an* John cut is daown, but I couldn't say as to 
whether it was that particler arternoon. 

Q. Now with regard to that time that you say the 



84 



respondent talked about Mr. Cummins, did he at that 
time threaten to burn his buildings ? A. No, I don't 
b'lieve he did. 
Mr. Fulton. 
Well, that's all. 

THOMAS W. ARNOLD 
Called in Behalf of the State. 
DIRECT EXAMINATION 
By Mr. Williams. 

Q. Your name is Thomas W. Arnold, and you are 
Sheriff of this County .? A. Yes sir. 

Q. Did you, on the morning of August eleventh last, 
go to the scene of the fire at the Cummins place ? A. I 
did. 

Q. And what was your object ? A. I was trying to 
find out somethin' about who set it. 

Q. Well, you may go on and state if you did find out 
anything, and how. A. Wal', Mr. Tupper pointed 
out to me a place where he'd seen a man run and git 
over the wall. I went over there and jest this side er the 
wall I found these matches. 

Q. Theie is a card attached to these matches marked 
*' Exhibit I G. J." Are these the same matches which 
you showed in the course of your testimony before the 
Grand Jury ? A. They are. 



Q. In whose possession have they been since that 
time ? A. In mine. 

Q. What next did you do ? A. Jest the other side 
of the wall I found this jackknife. 

Q. And that knife also you exhibited to the Grand 
Jury, and have since kept in your possession ? A. Yes 
sir. 
Mr. Williams. 

We offer these matches and this knife as State's 
Exhibits I and 2. 
The Court. 

They may be admitted, and marked accordingly. 
Mr. Williams. 

Q. What next did you see or do ? I saw a trail lead- 
in* through the rowen beginnin' right there where I 
found the knife, and I follered that across the field and 
into the woods, then up through the woods and over the 
hill there, and maybe a quarter of a mile back I come on 
John Burton asleep under a big hemlock. 

Q. And whether this was a natural sleep or not. A. 
I sh'd say 'twas natural enough for him to be asleep under 
the circumstances as I found 'em. There was a quart 
bottle with a little whiskey in it layin* right side of him. 
/ sh'd say he was sleepin' off a drunk. 

Q. You say there was still a little whiskey left in it ? 
A. Yes sir. 



86 



Q, And whether 3^ou placed him under arrest ? A. I 
did, and took him to the jaih 
Mr. Williams (to Mr. Fulton). 

You may inquire. 

Mr. Fulton. 

No questions. 

******** 

CHARLES C. BAKER, 
Recalled by the State, 

RE-DIRECT EXAMINATION 
By Mr. Williams. 

Q. I show you this card of matches, marked "State's 
Exhibit I ", and ask you if that is the kind that you use 
at your house. A. That is, yes sir. 

Q. I show you this knife, marked "State's Exhibit 
2," and ask you to whom that belongs. A. That's 
John Burton's knife. 

Q. You have seen him have that knife on different 
occasions ? A. Yes sir, an' I've borrered it of him. 
Mr. Williams. 

That's all. 
Mr. Fulton. 

No questions. 



ANTONIO D. COSTA, 
Called in Behalf of the State. 

DIRECT EXAMINATION 
By Mr. Williams. 

Q. What is your full name t A. Antonio Domenico 
Costa. 

Q. Where were you born ? A. In Italy. 

Q. When did you come to Vermont ? A. I come to 
Vermont las' spring, but I have been in America bout 
five year. 

Q. And do you know this respondent, John Burton ? 
A. Yes, I have work wid him at Meester Baker's. 

Q. Now you may go on and tell where you were and 
what you saw on the night of August tenth, the night of 
the Cummins fire. A. I had been to Barre'bout two 
wik, an' I come back dat night to Allentown 'bout ten 
'clock; an' I have no place to go, so I tink I will go to 
Meester Cummins' barn, an' in mornin' I will ask for 
job. Ten 'clock at night all Meester Cummins' people is in 
bed, so I not go to da house, but go to a leetle back door 
in da barn. Meester Cummins was gone away to Morley, 
but I did not know. I go up on da hay, an' dere was 
leetle winda dat I could see down to da house. 

Q. How far away was the house ? A. Oh, 'bout so 
far as from here to da door. 



88 



Q. Yes, and what next ? A. I lay down on da hay, 
an* I tink I go sleep; but bimeby I wake up, an' hear 
some noise down to da house. I look out da winda, an' 
I see a man dat has put up da barrel an' da box an' ol' 
boards up to da house. An' den he takes a pail of 
ker'sene an' trow it over da box an' stuff, an' den he 
light a match, an' she burn right up quick. 

Q. Did you say anything to him i A. No, I was 
tryin* to see who 'twas, but when da fire come up so, it 
was light jus* like da daytime, an' I could see ver' wall. 

Q. And who was it ? A. It was John Burton, 

(Respondent jumps up from his chair, but is re- 
strained by his counsel.) 

Q. What did you do then ? A. I start to go down, 
but it is so dark in da barn I cannot find da ladder. 
Bimeby I find da ladder, an' start to go down, an' bout 
half down I miss my step an' fall. I was so mooch hurt 
dat I cannot get up at first. Den I hear da men come dat 
will try to put out da fire; an' bimeby dey open da barn 
door, an' come in for pails. An' pretty soon I go out an* 
help to stop da fire. 

Q. Did these men say anything to you ? A. No, I 
s'pose dey tink I come to da fire same as dey come. 
Mr. Williams. 

I think that's all. 

12 M. INTERMISSION. 



89 



2:ic P. M. 

CROSS EXAMINATION 
By Mr. Fulton. 

Q. When did you come to Allentown ^ A. Dat 
was las' spring. 

Q. Yes; what month t A I tink dat was May. 

Q. How did you come here ? A. On da train. 

Q. Did you pay your fare ? 
Mr. White. 

We object. 
Mr. Fulton. 

If the court please, we intend to impeach the testimony 
of this witness; and in doing so we shall show in the first 
place that he is practically what is called a tramp; and 
the v/ay he came here is material if it tends to support 
that assertion. 
The Court. 

You may proceed. 
Mr. Fulton. 

Q. Did you pay your fare on that train ^ A. No. 

Q. How did you come to get off at Allentown ? A. 
Da conductor he fin* I have no ticket, an' he mak me to 
get off. 

Q. Now what have you been doing since you have 
been here .? A. I am gardener, but I work on farm 
here. 

90 



Q. Yes, for whom ? A. I have work some for 
Meester Cummins. 

Q. How long ? A. One wik. 

Q. Yes, and who else ? A. Meester Baker. 

Q. How long for him ? A. Bout one wik, ,1 tink. 

Q. Yes, and who else ? A. Meester White. 

Q. Mr. Lemuel White here ? A. Yes sir. 

Q. How long for him ? A. Bout two mont'. 

Q. Now those are all the people for whom you have 
worked here, are they ? A. I tink dat's all. 

Q. So you have been out of work about half the 
time .'' A. I was gone to Barre two wik. 

Q. Well, even so, you have been out of work nearly 
half the time? A. Maybe so. 

Q. Now is it not a fact that you were arrested in 
Burlington last March, charged with assault with intent 
to kill.? 
Mr. White. 

Wait a minute. I will state — 
Mr. Fulton. 

You can go on the stand if you want to, after I get 
through with this witness; but now I insist on his an- 
swering my questions. 

Q. Now were you not arrested, charged with assault 
with intent to kill .? A. I was arrested, yes, but I had 
don' not'ing. I only try to stop da fight. 



9^ 



Mr. White. 

If the Court please, we protest against this. This 
man was discharged as innocent by the magistrate; and I 
submit that he has a right to be so considered. The at- 
tempt to blacken his character in this way is wholly 
unwarranted. 
The Court. 

I think you are right there. I think, Mr. Fulton, we 
won't admit anything further with regard to that matter, 
since the man was acquitted. I wouldn't have admitted 
anything if I had known that fact. 
Mr. White. 

Your Honor, I happen to be in a position to know 
about that matter, and I propose to go on the stand 
and place it in its proper light before the jury. 
The Court. 

Well, I don't know whether that will be necessary. You 
may proceed, Mr. Fulton, with your cross-examination. 
Mr. Fulton. 

Q. Are you on friendly terms with this respondent, 
John Burton f A. Am I friends wid him ? 

Q. Yes. A. Oh yes. 

Q. You never had any trouble with him at all ? A. 
No. 

Q. When you saw a man, as you claim, setting fire 
to Mr. Cummins house, did you shout at him .? A. No. 



92 



Q. You didn't make any attempt to stop him, did 
you f A. I was 'fraid if I holler at him he would run 
away; an' I want to see if I can tell who 'tis. 

Q. So you didn't do anything ? A. No, but when I 
see who 'tis I start to go down as quick as I can. 

Q. Did you tell the people who came to put the fire 
out what you had seen ? A. No. 

Q. When did you first tell of it ? A. To Meester 
Williams, tree-four day after da fire. 

Q. Why didn't you tell the people at the fire ? A. 
Dat is not to talk about. I tell it to Meester Williams; he 
is da man for dat. He is State Attorney. 

Mr. Williams and Mr. White confer for a few min- 
utes. 

LEMUEL WHITE, 
Called in Behalf of the State, is sworn. 

DIRECT EXAMINATION 
By Mr. Williams. 

Q. Mr. White, you are an attorney at law ? A. I am. 

Q. And where are your offices ^ A. I have one in 
Allentown and one in Burlington. 

Q. And did you on the 14th of last March appear 
before a Justice Court in Burlington as counsel for one 
Antonio Costa ? 



93 



Mr. Fulton. 

We object. The Court has excluded testimony with 
regard to this matter. 
Mr Williams. 

If the Court please, we take the ground that enough 
has appeared in evidence to produce a bad impression on 
the minds of the jury, and we claim the right to efface 
that impression by means of the whole truth. Mr. White 
was counsel for Costa in that affair, and can, of course, 
give us a clear account of it. 
Mr. Fulton. 

Your Honor, it seems to me that if one side of it is inad- 
missible, the other is no less so. 
The Court (to Mr. Williams). 

I think your proposition is a reasonable one. Mr. White 
may give us an account of the matter. But let it be brief. 
We don't want to wander away into collateral issues. 

Exception by Respondent. 
Mr. Williams. 

Q. Did you appear before a Justice in Burlington 
as counsel for Antonio Costa, the same who had just tes- 
tified here ? A. I did. The circumstances were these: 
I was called over by telephone the night before to the 
jail where this man was under arrest. It seemed there had 
been a stabbing affray in an Italian lodging house, and 
one Guillaume Bianchi had been stabbed so it was 



94 



thought he would die. Costa had been placed under 
arrestj but another man, by the name of Salvini, I think, 
had made his escape through a window as the police 
entered. It appeared the next morning at the hearing 
that this Salvini was the assailant. Costa testified that 
Salvini and Bianchi were playing cards and that he sat 
in the next room reading, and from there he heard these 
two men quarreling violently. Then he heard the table 
tipped over, and rushed in to part them, if possble. He 
got between the two, but Salvini, who was a tall and 
powerful fellow, reached over his shoulder and stabbed 
Bianchi almost through the body. Bianchi fell down, and 
Salvini rushed out of the room. This story was substantia- 
ted in every particular by the landlady, Mrs. Broggi, 
who had heard or seen the whole affair, and by the other 
members of the household as far as they were able to 
testify. Costa was discharged. Search has been made, 
and I believe a reward offered, for Salvini, but he has 
not been apprehended. The landlady also testified that 
Costa was a peaceable and gentlemanly fellow, and that 
for the three or four weeks he had been at her house he had 
paid his bill regularly and made no trouble of any kind. 
Mr. Williams (to Mr. Fulton). 
You may inquire. 



95 



CROSS EXAMINATION 
By Mr. Fulton 

Q. I understand that Bianchi did not testify, by de- 
position or otherwise. A. No, he was in the hospital, and 
at the time he was thought to be mortally wounded; but 
I believe he has since recovered and has returned ta 
Italy; though that is hearsay merely. 

Q. Have you a copy of the record of that hearing ? 
A. No, but I think I can procure one by to-morrow. 

Q. I wish you would do so. There are one or two* 
points I would like to have settled in that way. 

2:40 P. M. 

STATE RESTS. 

******** 

MISS ELIZABETH A. MORRILL, 
Called in Behalf of the Respondent, is sworn. 

DIRECT EXAMINATION 
By Mr. Fulton. 

Q. You are Miss Elizabeth A. Morrill? A. Yes sir. 
Q. And you live where ? A. I board it Mrs. 
Wellington's, here in Allentown, but my home is in; 
Wessex. My mother lives there. 

Q. Do you know the respondent, John Burton ? A^ 
I do. 

96 



Q. What is his character ? A. He is an honorable man, 
incapable of any mean or criminal act. 

Q. Whether you have ever known him to express 
contempt for the law or any intention of breaking the 
law ? A. I never have. 

Q. Now at some time did you learn that John Bur- 
ton and Mr. Stephen Cummins had had a disagreement 
as to some woodcutting ? A. Yes, John told me of it 
soon after it occurred, last April. 

Q. And did you understand that John Burton was 
accused by Stephen Cummins of trying to get pay for 
more wood than he had cut .'' 
Mr. White. 

How is it material what she understood about it ? 
Mr. Fulton. 

If the Court please, Mr. Cummins has testified here 
that the respondent tried to get pay from him for more 
wood than he had cut. That is a reflection on his charac- 
ter; and we are bringing witnesses here to prove his good 
character — to show that he was not the sort of man who 
would have committed such an act as that with which he 
stands charged. And Miss Morrill is here to prove that 
the amount of wood he did cut was in fact just what he 
claimed it was. 
The Court. 

Well, if you can show that, I think it is admissible. 



97 



Mr. Fulton. 

Q. Did you make some investigations as to the mat- 
ter ? A. I did. 

Q. You may relate what they were. A. Yesterday, 
at noon, I went to see Mr. Blomburg, Mr. Cummins* 
hired man, at his house on Grover Street. I had learned 
that it was he who drew that wood down and measured 
it. I asked him — 

Q. They won't let you state the conversation. But 
did he show you hov,- the wood was measured ? A. Yes, 
he showed me the sled on which it was drawn, with the 
marks on the stakes which were supposed to measure 
half a cord when the sled was filled up to them. 

Q. And what did you do ? A. I measured the sled 
body and the distance up to the marks on the stakes. 

Q. Yes, and — A. And I found that the sled floor 
was eight feet long, three feet and eight inches wide, and 
that the marks on the stakes were two feet and eight 
inches above the floor, which makes the cubic contents 
seventy-eight and two-ninths feet, or very nearly five- 
eighths of a cord. 
Mr. Fulton, (to Mr. Williams). 

If you can make it figure any diff^erently, go ahead. 

Mr. Williams. No. We'll concede that Miss Mor- 
rill is an expert in such matters. 



98 



CROSS EXAMINATION 
By Mr. White. 

Q. Mr. Fulton asked you, I believe, if you had ever 
heard the respondent speak contemptuously of the law or 
speak as if he had any intention of breaking the law. 
Now did you ever know of his breaking the law ? A. No 
sir. 

Q. Is it not a fact that John Burton quarreled with 
Jim Driscoll down on Main Street one day last winter, 
over which of them should drive a horse of Mr. Baker's, 
and knocked him down twice in succession, and that 
you were coming up Main Street at the time and saw 
him do it .? A: Yes, it is true that there was a quarrel 
and — and a fight, but it wasn't over which of them 
should drive the horse. 

Q. Well, what was it about, if you know ? A. As I 
came out of Burnham's store I saw John Burton and 
another man near a horse and wagon with a heavy load, 
part way up the hill. And I heard John say to him "If 
you kick that old horse again I'll kick you." And then 
the man kicked the horse again, and John knocked him 
down; and he got up and rushed at him, and got knocked 
down again. 
The Court. 

Mr. Sheriff, if the spectators are not more quiet and 
orderly, you will clear the court room. 



99 



Mr. White. 

Q. Well, did you suppose that was a perfectly legal 
and orderly method for him to follow, under the circum- 
stances ? A. I thought it was a good thing for him to 
protect the horse from being abused. I don't know much 
about the law. 

Q. Well, as a matter of fact, you know that he broke 
the law on that occasion, don't you ? A. (after a 
pause) Yes, I suppose I do. 

Q. And is it not the fact that he is a rather quick- 
tempered and violent man ? A. He never would use 
any violence unless there was a good reason for it. 

Q. But if he thought he was being imposed upon he 
might ? 
Mr. Fulton. 

We object. 
Mr. White. 

Q. Well, what do. you mean by a good reason.'' A. 
If somebody was acting in a way they had no right to, and 
there was no other way to stop them. 

Q. And do you include in that a case where somebody 
was acting as he considered they had no right to toward 
him ? A. Perhaps so. But if he did do anything to 
protect his own rights it would be openly. He wouldn't 
go around and set a man's house on fire three months 
afterwards. 



lOO 



Q. Well, let's see. You have known the respondent 
for how long ? A. A little over a year. 

Q. During that time have you ever been in his com- 
pany when he was intoxicated ? A. No sir. 

Q. Then, as a matter of fact, you don't know much 
about how he would act when in that condition ? A. I 
know him well enough to know that there are some 
things he wouldn't do at any time. 

Q. Well, that's your opinion. That will do. 

GUSTAF BLOMBURG 
Called in Behalf of the Respondent, is sworn. 

DIRECT EXAMINATION 
By Mr. Fulton. 

Q. What is your name ? A. Gustaf Blomburg. 

Q. What is your occupation ? What do you work at ? 
A. I vork for Meester Cummins. 

Q. And did you draw down some wood last winter 
and spring that John Burton had cut up on the moun- 
tain ? A. Yes sir. I draw all dat vood. 

Q. What did you draw it on ? A. On a sled dat is 
Meester Cummins'. 

Q. And did you measure it, or try to measure it, as 
you drew it ? A. Yis, I measure dat, but I mak a 
mistak. 



lOI 



Q. And did you tell Mr. Cummins how much there 
was according to your measurement ? A. Yis, I say 
to him dere is seventy-eight cords, but I mak a mistak, 
I hov not de right stakes on dat sled. 

Q. Who put those stakes on the sled ^ A. I put 
dem on. Meester Cummins he tells to me in de vinter 
dere is stakes for dat sled oonder de barn; and I put dem 
on; but I hov not de right vuns. Dere is more stakes dere 
dat hov de marks not so high oop. Dey is all burn up 
now vid de barn. 

Q. Did Mr. Cummins see you put them on ? A. No, 
he tells me dat, and den he goes avay. I hov draw most 
feefty cord to peoples dat hov buy dat vood; and eet is not 
right measure. Eet is too mooch. I tink I hov to pay him 
for dat. 

Q. When did you find out about this ? A. Eet 
vos yist'day dat Mees Morrill coom to my house and 
vant to see dat sled. I show to her dat sled; and she 
measure eet, and fin' eet is more 'an half a cord. 
Mr. Fulton. 

That will do. 
Mr. Williams. No questions. 



102 



MRS. CHARLES C. BAKER, 
Called in Behalf of the Respondent, is sworn. 

DIRECT EXAMINATION 
By Mr. Fulton. 

Q. You are the wife of Mr. Baker who testified here 
this mornino; ? A. Yes sir. 

Q. At some time did the respondent, John Burton, 
live at your house ? A. Yes, he has worked for us and 
boarded with us the greater part of the time for about 
two years. 

Q. What sort of man is he .? A. Why, he was real good 
help on the place, and we got to think he was a real prom- 
isin' young man. Of course we always used him just 
like one of the family; and I'll say this for him, he never 
made no more work for rfie'n he could help. Along at 
first he used to come in sometimes a little the worse for 
liquor, but he never made no trouble; and for most a 
year now, except for that night the fire was, I don't 
b'lieve he's touched a drop. He had some idea of goin' 
away to school; 'n we used to encourage him in it, al- 
though we sh'd a hated to lose his help. 

Q. Whether you think he was the kind of man to 
plan and carry out a secret revenge ? A. No, I don't 
think so, not from anything I ever see in him. 



103 



CROSS EXAMINATION 
By Mr. Williams. 

Q. Was the respondent, as you observed him, one 
who would be described as being patient and good-tem- 
pered under all circumstances ? A. Why, I don't 
know as you could hardly say that. He was kind er 
quick at times, when things went wrong; the same as 

lots of other men. 

******** 

JOHN BURTON, 
The Respondent, is sworn. 

DIRECT EXAMINATION 
By Mr. Fulton. 

Q. You heard the testimony of Mr. Baker this morn- 
ing with regard to his missing kerosene from his barrel ? 
A. I. did. 

Q. What have you to say about that ? A. In the 
afternoon of the tenth of August I was working in the 
lot back of Mr. Baker's barn, hoeing strawberries and 
mowing and cutting down a hedgerow of bushes and sap- 
lings along by the wall. As I went up to the barn about 
half-past five, I remembered I had read somewhere that 
kerosene was death to any vegetable thing; and it oc- 
curred to me that it would be a good way to kill out some 
of those stubs of maple and birch there to put a little 



104 



Icerosene on them. So I went Into the shed there and 
poured out a gallon or so of oil into an old pail, poured 
out all there was in the barrel; and took it down and put 
it on those stubs. 

Q. Now, did you ever have any intention of taking 
revenge on Mr. Cummins for not paying you your full 
bill for that wood cutting .? A. No, I did not. I thought 
at first I'd bring a law-suit against him, but I never 
could see any way of proving that my measure was right 
until to-day. 

Q. Did you ever threaten to burn his buildings .? A. 
I did not. 

Q. Now, coming to the night of the fire, where were 
you that evening .^ A. I was at Mrs. Wellington's 
house in the early part of the evening, and left there, I 
should think, about nine o'clock. Then I went and got 
a quart of whiskey and took it up into the grove back of 
the Town Hall. 

Q. Yes, and what next ? A. After that I don't remem- 
ber so plain just what happened. I know I was planning 
to go the next day over to the Fort, and enlist in the army. 
I thought I'd like to go out to the Phillipines. But some 
time in the night I know I went out on Grover Street, and 
I can remember something about going across Mr. 
Cummins' land, climbing over the wall there and going 
up into the woods. 



105 



Q. Did you go near Mr. Cummins' house ? A. No, 
I don't believe I did. 

Q. Did you have any pail or any kerosene ^ A. No, 
I don't think I did. I wouldn't have any use for it that 
I know of. 
Mr. Fulton (to Mr. Williams). 

You may inquire. 

CROSS EXAMINATION 
By Mr. Williams. 

Q. You say that you can't remember clearly what 
you did after you went up into the grove back of the 
Town Hall ? A. Not to be absolutely sure, no. 

Q. You remember being on Mr. Cummins' land and 
climbing over the wall and going up into the w^cods ? A. 
Yes. 

Q. Now isn't it possible that there were a great m.any 
things that you did that you don't remember ? A. It is 
possible, yes; but I think if I had done anything very 
important I should'have remembered it. 
Mr. Williams. 

That's all. 

* ** * * * * * 

MISS TERESA GIBBONS, 
Called in Behalf of the Respondeht, is sworn. 



1 06 



The Court. 

You need not attempt to stand. Have your chair 
wheeled up this way, and I think we shall be able to hear 
you. 

DIRECT EXAMINATION 
By Mr. Fulton. 

Q. You are Miss Teresa Gibbons ? A. Yes sir. 

Q. And where do you live ? A. On Grover Street 
in Allentown. 

Q. And where is your house situated with reference 
to others on Grover Street ? A. My house is next 
beyond Mr. White's, and the next beyond mine i» 
Stephen Cummins', — or was until the fire. 

Q. Now what is there immediately behind your 
house ? A. My orchard. 

Q. How large is that orchard ? A. There are fif- 
teen or twenty trees. Perhaps there is a quarter of an 
acre of ground; I don't know. 

Q. Now where were you on the evening of August 
tenth last ? A. I was at home, and was suffering 
severely from pains which I supposed to be those of indi- 
gestion. I couldn't seem to sit or lie still, but wandered 
about from one room to another in the house, and finally 
about eleven o'clock, I went out into the orchard and 
sat down under a tree, looking out over the grass field 
beyond. After a time I was startled by suddenly hearing 



107 



the footsteps of a person running through the grass; and 
then I saw a man rush past. He came from the field back 
of Mr. Cummins' place, and disappeared over the fence at 
the southern boundary of my land. He went past me 
no farther away than the length of this room, but he went 
so fast, and there was so little light that I couldn't say 
whether or not it was anyone whom I knew. 

Q. What happened next ? A. My pain grew worse, 
and I returned to the house. Very soon I heard the alarm 
of fire; but by that time I was in such a state that I could 
pay no attention to anything. About an hour later I 
managed to drag myself out into the front yard and speak 
to some neighbors who were returning from the fire. 
They summoned Dr. Whitney, and he pronounced it a 
case of appendicitis, and said I must have an operation 
immediately. They got an ambulance and took me to the 
hospital at Burlington, where I underwent the operation. 
I returned home last evening, and learned of this trial 
being in progress. 

Q. Was the man whom you saw running, a tall or a 
short one .? A. That I couldn't say, sir, not to swear 
to it. It is my impression that he was not a tall or large 
man, but it may have been that he was stooping as he 
ran. 



1 08 



CROSS EXAMINATION 
By Mr. Williams. 

Q. Miss Gibbons, is it not the fact that you were 
practicaliy delirious during a large part of that night ? A. 
Why, I was almost cra7ed with pain, yes. 

Q. And isn't it quite possible that what you have 
just told us, about seeing this man running, was an 
illusion rather than a reality .? A. Why, it is possible,, 
yes; but if it were I hardly think I should remember it 
so distinctly. 
Mr. Williams. 

That's all. 

4:40 P. M. 
DEFENCE RESTS. 

The Court, (to Mr. Williams). 

Have you any rebuttal ? 
Mr. Williams. 

No, Your Honor. 
The Court. 

You will be ready to proceed with the arguments in the 
morning, I suppose. 
Mr. Williams (after conferring with Mr. White). 

If the Court please, Mr. White says that his argument 



109 



will not be a very lengthy one, and may possibly be con- 
cluded before time for adjournment. 
The Court. 

Very well. 
Mr. White. 

Gentlemen of the Jur)': The question of the guilt or 
innocence of this prisoner is a very weighty one, not only 
to the respondent himself, whose rights this court is 
bound to protect, but to the community, of which he and 
all of us form a part. It is not the desire of the State, nor 
of the counsel appearing here in behalf of the State, that 
a verdict shall be given against a man of whose guilt there 
is any reasonable doubt. But the question you will have 
to ask of yourselves is — does any such doubt exist in this 
case? You have heard the testimony of the witnesses, 
(and I may say in passing that I cannot recall a case in 
which the witnesses almost without exception appeared 
so anxious to speak the truth, the whole truth and 
nothing but the truth). The witnesses brought here by 
the defence to prove the good character of the accused 
have, I really believe, spoken the truth as they saw it. 
They have pictured him as an honest, a likable and a 
promising young man; and I believe they meant what 
they said. But I ask you to review their testimony and 
see if any of them said that he was not a passionate and 
violent man. On the contrary, is it not just the impression 



no 



that would be gained from their description that here we 
have a man, with many good qualities, to be sure, but 
also with the vices of a hot-blooded, unreflective nature, 
a dangerous man if he believed himself to have suffered 
injustice ? And here I want to call your attention to the 
fact that we have not called in witnesses to set the char- 
acter of this respondent in an unfavorable light. The 
matter of his character, aside from the events of this case 
itself, has been presented to you wholly by the witnesses 
who were called here in his behalf. And on this head just 
another consideration. — Some of the witnesses for the 
defence — Miss Morrill certainly — have testified that the 
respondent's character was such that they could not 
believe he would burn a man's house for revenge. But it 
seems to me, and I have no doubt it must also to you, 
that they are leaving out of the account the fact that at 
the time this crime was committed the respondent was 
intoxicated. It needs no argument to prove to you, as 
observing and reasonable men, that alcohol in excess 
makes a beast of a man. The profound modern study of 
the drink problem has shown, what observation and 
experience had been teaching us for centuries, that 
alcohol in large quantities acts directly to exaggerate 
whatever evil qualities exist in a man. If he is, as a sober 
man, a little too self assertive, a little too much inclined 
to insist on his rights, he becomesl, as a drunkard, a bully 



III 



and a tyrant; if he is dishonest in the least he becomes^ 
a liar and a scoundrel; and if he is one whose resentment 
of injuries is keen, one who cannot endure an affront 
without retaliation, he may becom.e, when the demon is in 
him as dangerous as a madman. 

The defence has brought here witnesses to show that 
the respondent was in the right as to the measurement 
of the wood he had cut for Mr. Cummins. We have not 
questioned what they have said on this point. Indeed it 
seems most likely to us that they are right, and that the 
respondent had, in fact, cut the amount that he claimed. 
It was a case where each of the parties to a quarrel was 
perfectly sure that he was in the right. But does that make 
a quarrel any the less bitter .? The respondent left the 
premises of Mr. Cummins smarting under the sense of 
injury and insult. As he looked at it, Mr. Cummins was 
taking an opportunity to cheat him, to cheat him out of 
part of the money that he had honestly earned; and gen- 
tlem.en, he thought and said that such a thing should be 
no gain to the man who attempted it, that "it would 
cost him a good deal more than twenty-eight dollars before 
he got through with it. " 

Gentlemen, the dark and evil purpose that came into 
his mind in the heat of his passion of resentment re~ 
mained there, like a coiled serpent, kept down, it may be, 
by the better qualities of his nature, and almost forgotten. 



112 



but only awaiting the opportunity when the rule of reason 
and conscience was overthrown, the time when hate, 
lust, cruelty and revenge made anarchy in its stead, to 
send forth its writhing offspring of crime. 

Let us look for a moment at the evidence of the fact 
itself. Mr. Tupper has told you how he saw a man run 
away from the fire and climb over the wall between the 
two fields. Sheriff Arnold has told how he went to the 
place pointed out to him by Mr. Tupper and found there 
the articles which you have heard Mr. Baker identify as 
belonging to John Burton; and further how he followed 
the man's trail beginning at that point, and came upon 
the respondent and placed him under arrest. And 
finally Antonio Costa has testified that he saw this re- 
spondent, John Burton, do the thing which he is here 
charged with doing, and id ntified him w thout the 
shadow of a doubt. And I may add, without any fear of 
successful contradiction, that the cross examination of 
these witnesses has failed to shake their testimony in a 
single material point. An attempt that was made to 
impugn the character of Antonio Costa ended, as you all 
saw, in establishing it even more firmly. The case before 
the Burlington magistrate, which was brought up with 
the idea of exposing a criminal record, ends by showing 
him as he really is, a man of courage and generosity, 



"3 



who interfered in a deadly battle between two armed men 
with the intention of saving them from one another. 

Gentlemen, I feel that we may safely leave it with you 
to protect our prolcrty, our homes and the lives of those 
whom we hold dear by a verdict in this case of guilty. 

5:0c P. M. 

Adjourned. 

Oct. 6, 1899. 

9:15 A. M. 
Mr. Fulton. 

If the Court please, I have a somewhat unusual re- 
quest to make. Instead of proceeding with my argu- 
ment, as I had intended, I will ask that the case be re- 
opened for testimony. 
The Court. 

That is an unusual request. The only thing which 
could make it a reasonable one would be the fact that 
you had discovered new and very material evidence, — 
evidence the existence of which you did not know last 
night. 
Mr. Fulton. 

Your Honor, we do claim just that. 



114 



The Court. ] 

Very well. Are your witnesses present ? 
Mr. Fulton. They are. 
The Court. 

Proceed. 

MISS ELIZABETH A. MORRILL, 
Recalled on Behalf of the Respondent. 

DIRECT EXAMINATION 
By Mr. Fulton. 

Q. Where did you go last evening, Miss Morrill ? A. 
I started to go on my bicycle to see my mother at Wessex. 
Mr. Williams. 

Well, how is this material ? 
Mr. Fulton. 

If the Court please, we wish to introduce a de osition, 
the effect of which will be to absolutely reverse some 
of the most important testimony in this case. And to 
pave the way for that deposition we wish to show the cir- 
cumstances under which it was taken; and we have three 
witnesses here for that purpose. 
Mr. Williams. 

If any such paper was drawn up last night, it certainly 
is not a deposition. Counsel for the State in this case 
have had no notice of any such intention, and no oppor- 



115 



tunity to be present and cross-examine; and therefore any 
such paper is merely an ex parte affidavit; and we object 
most decidedly to its admission. 
Mr. Fulton. 

If the Court please, this paper, whether deposition or 
affidavit, is the confession of a dying man, duly made, 
signed and sworn to in the presence of a Justice of the 
Peace; and as for the matter of notice to the counsel for 
the State, the man was so near his end that there was 
barely time to summon the Justice; and I, myself, did not 
learn of it until two or three hours later. If these wit- 
nesses are allowed to tell their story, I am sure that the 
admissibility of this paper will be perfectly evident. 
The Court. 

I think we will hear the witnesses, and then decide as 
to its admissibility. 
Mr. Fulton. 

Q. You may tell where you went and what occurred. 
A. I had gotten to within a mile or so of Wessex. It was 
about eight o'clock in the evening, I think; and I was 
passing a rather lonely place, when I was frightened by 
hearing groans from beside the road. I gave one look in 
the direction of the sound, and saw a man lying in the 
grass with his face all bloody. Then I was so scared 
thati I rode on as fast as I could go; but I stopped at the 
next house and got the men there to go back with me. 



ii6 



They happened to have a horse hitched to an express 
wagon at the time, so they drove right down there. We 
found that the man had been stabbed; there were knife 
wounds in his face and neck and body, and he lay in a 
pool of blood. We did what we could to stop the bleeding, 
and made him as comfortable as possible in the wagon, 
and drove to Dr. Hall's house at Wessex. I took part of 
the course at a nurse's training school at one time, so I 
stayed to assist the doctor what I could. The doctor 
managed to stop most of the bleeding, but he said at once 
that the man could not recover. Then I bathed the blood 
away from his face; and I saw he was Antonio Costa, who 
testified here yesterday. He had been moaning and 
muttering in a kind of delirium, but now he regained con- 
sciousness; and the doctor asked him if he could tell who 
attacked him. — 
Mr. Fulton. 

Q. They won't let you tell the conversation. But 
what was done ? What occurred next ? A. After a 
time I went out to the college and got Father Andreani to 
come and see him. 

Q. Yes, and did you do anything further ? A little 
while after Father Andreani came I telephoned to Mr. 
Colbert, asking him to come also. And finally I wrote down 
what the dying man told us. 
Mr. Fulton. 



117 



Well, I think that's all. (To Mr. Williams). You 
may inquire. 
Mr. Williams. 

I don't know that I have any questions; but it seems 
to me that this whole matter is inadmissible. 

REV. PAOLO ANDREANI, 
Called in Behalf of the Respondent, is sworn. 

DIRECT EXAMINATION 
By Mr. Fulton. 

Q. What is your full name ? A. Paolo Guiseppe 
Andreani. 

Q. And you reside where ? A. In Burlington. 

Q. What is your calling or profession ? A. I am a 
clergyman of the Roman Catholic Church. 

Q. Where were you last evening ? A. I was at the 
College of St. Francis, about two miles from Wessex, 
until I was summoned to the bedside of a dying man at 
the house of Dr. Hall. 

Q. And did you obey this summons ? A. I did, 
immediately. 

Q. Did you recognize the dying man ? A. I did. 
I found him to be one whom I had met at the lodging 
house of a Mrs. Broggi in Burlington, where he was 



1x8 



known as Antonio Costa. I had once or twice written 
letters for him. 

Q. In what condition was he ? A. He was perfectly 
conscious, but very weak. He was dying from the effects 
of wounds he had received; though the doctors told us 
he might live until morning. 

Q. You may state what occurred. A. After I had 
been with him for nearly an hour he consented to make 
confession and receive absolution. What he said tome in 
his confession is, of course, not to be revealed in a court 
of justice or elsewhere. But a portion of his story made it 
clear to me that human as well as divine justice was 
deeply concerned, that men were even now being accused 
and punished for crimes of which they were innocent, — 
and whose innocence might be proved if the testimony of 
this penitent and dying man could be presented in legal 
form. Arrangements were quickly made to reduce his 
narrative to writing, so far as it would serve this purpose, 
and to have it sworn to before a magistrate. When this 
was completed he was very near his end; and having made 
his peace v/ith God and received the blessing of the 
Church, it being then about midnight, he breathed his 
last. 

Mr. Fulton, (to Mr. Williams). 
You may inquire. 



119 



Mr. Williams. 
No questions. 

Mr. White. 

If the Court please, it seems to me that there is little use 
in laying the foundation for the admission of a paper 
which is clearly inadmissible. This deposition, as they 
call it, is probably at best nothing more than the delirious 
ravings of a dying man. 
The Court. 

I can see no reason to change my decision, which it 
that the admissibility of the paper will be decided upon 
after the witnesses have been heard. 

JONATHAN R. COLBERT, 
Called in Behalf of the Respondent, is sworn. 

DIRECT EXAMINATION 
By Mr. Fulton. 

Q. Your name and profession .? A. Jonathan R. 
Colbert, and I am an attorney at law at Wessex. 

Q. And are you also a magistrate ? A. Yes, I am a 
Justice of the Peace. 

Q. And were you called to the house of Dr. Hall at 
Wessex last nio-ht .' A. I was. 

Q. For what puspose } A. To take a statement, in 



120 



the form of an affidavit, of a man who was dying there 
from the effects of wounds. 

Q. And whether such a paper was drawn up and 
signed in your presence. A. It was. 

(Mr. White here rises, and taking his hat, starts to 
walk out.) 

The Court. 

Mr. White, I will ask you not to leave the room just 
now. You have acted as attorney for this man, Costa, 
and may be able to help us with regard to some point. 

Mr. White, (resuming his seat). 
Very well. 

Mr. Fulton. 

Q. How was that paper drawn up ? A. Dr. Hall, 
Father Andreani, Miss Morrill and myself gathered 
closely about the bedside. A small table was brought for 
Miss Morrill, and she wrote down the substance of his 
statement. She made no attempt to reproduce the broken 
English that he spoke, and she could not, of course — 
writing as she did in long hand — produce an absolutely 
verbatim copy, but the statement was carefully read to 
the deponent; and he signified its correctness and affixed 
his signature. I have signed the paper as the Justice 
before whom it was taken, and the names of Dr. Hall 
and Father Andreani are affixed as witnesses. 



121 



Q. Is this paper which I now show you the one of 
vrhich you have been speaking ? A. It is. 

CROSS EXAMINATION 
By Mr. Williams 

Q. Was the man informed in your presence that he 
was about to die ? A. He was. 

Q. By whom? A. By Dr. Hall. His affidavit 
shows that fact also. 
Mr. Williams. 

That's all. 

Mr. Fulton. 

Now I offer this paper in evidence, and ask that it be 
read by the Clerk of the Court. 
Mr. Williams. 

We object, if the Court please, on the ground that this 
is merely an ex parte affidavit, and also on the ground 
that it has not yet been shown that it has any bearing on 
this case. 
Mr. Fulton. 

Mr. Williams, I address you, not merely as the State's 
Attorney of this County, an official sworn to do justice 
to all men so far as it is in your power, but also as an 
honorable man, a man who would shudder at the thought 
that he had been instrumental, even though unknowingly. 



122 



in blasting the life of this young man here through a 
conviction of a crime of which he is innocent. And I give 
you my personal word that this confession casts a light 
on the events of the night of August tenth such as neither 
your efforts nor mine have otherwise produced. I ask 
you on these grounds, and simply as one gentleman 
speaking to another, to withdraw your objections to this 
affidavit. 
Mr. Williams, (after a pause). 

We will withdraw our objections. 
The Court. 

Very well. The paper may be read. 
The CLERK,(reading) 

STATE OF VERMONT Warner County Court, 
vs. 
JOHN BURTON. September Term, 1899. 

Oct. 5, 1899. 

I, Nicolo Fontana, being informed that I am about to 
die, and wishing to undo, as far as I can, the evil things 
which I have done, on oath depose and say: 

That I w^as born in Genoa, Italy, in 1864, and lived 
there until I w^as twenty-five years old, except for three 
years in the army. There was a girl, Carlotta Strozzi, 



123 



who lived in one of the villages a few miles from the 
city, who was to be my wife. One day we were returning 
to her house from a festival in the city, where I had 
drunk too much wine; and we quarreled and stood dis- 
puting in the roadway. Just then one Guillaume Bianchi, 
who I think had been following us from a little dis- 
tance, rushed up to us, and saying to me, "Ah! So you 
will abuse her!" struck me in the mouth. I drew my 
knife, but he was taller and stronger than I, and he 
snatched it away from me and threw me to the ground. 
I think that the woman tried to help me, but all that I 
know^ is that he beat me so, as I lay on the ground, that 
everything turned black before my face. When I came 
to myself I was alone, lying by the side of the road. 

Two days later I sought him out in the city, and said 
to him "Will you come with me to the courtyard of the 
Palazzo Del Rizzio ?" This is a place now by its people 
long deserted; and for one man to ask another to go 
there with him means that they are to fight until one of 
them is dead. Then he laughed loudly, and he said 
"Surely I will go with you; but from there I will come 
away alone." No more was said between us, and we 
walked to the place together. 

We fought, and it was even as he had said. I wounded 
him twice, in the arm and in the side; but at last he drove 



124 



his knife deep into my body, and left me lying there for 
dead. 

The next day I found myself lying on a bed in the 
house of a friend, not far from the old palace. And he and 
his good wife cared for me for many weeks until I was welL 
When I asked what they had heard of Bianchi they said 
that he had gone away, perhaps to America. This was 
good news to me for I would have been glad never to 
have seen him again: but a little later Carlotta went 
away — to visit her aunt at another village. She never 
reached there, and she never returned. Her people mourned 
her as dead, but I, who remembered now a strange 
look that had been in her eyes the day that Bianchi came 
upon us, had other thoughts. 

Five years ago I came to this country, and the first of 
this year to Burlington; and there I met Bianchi at the 
house of Mrs. Broggi. He did not know me. For a long 
time I had called myself Antonio Costa; and I now 
wore a beard, and I looked many years older than the 
man he had known in Genoa. But at the sight of him all 
the hate that I had had for him flamed up again, and I 
felt that I must kill him. I found that Carlotta had lived 
with him in New York as his wife, and that she had died 
there. Now when I saw he did not know me, a plan came 
into my mind by which I should kill him, and not be 
be arrested or punished for it. I went to board at Mrs, 



125 



Broggi's, and there I made friends with a young man 
named Salvini. He was a good fellow, but very quick to 
quarrel or to fight. I played cards with him in the even- 
ings, and often let him beat me and win money, and tried 
to make him think he was a great player. But I said 
to him "I think Bianchi can beat you. Bianchi has more 
sand, more bluff, and I think he would beat you." So I 
got him to playing cards with Bianchi, and I had not long 
to wait for what I wanted. I had lent Salvini some 
cards, and I had put little marks on the back of some of 
them. The first night they played together Bianchi did 
not see these, and it happened that Salvini won from him, 
althoush he did not know of the marks. But the next 
night Bianchi saw them; and right away he called Salvini 
a cheat. Then there was a fight. I was in the next room, 
waiting for this to happen. I ran in between them as if 
trying to stop them, and twice I stabbed Bianchi almost 
to the hilt of my knife. He fell down on the floor; and I 
said to Salvini, "There, you see what you have done. 
Run now before the police get you." He had his knife 
in his hand; and he was so frightened at seeing Bianchi 
in his blood there on the floor that he really believed he 
had done it. "Throw away your knife," I said, "and 
run." Then he flung down his knife, and jumped 
through a window into the back yard and ran. Then the 
police came and arrested me, and took Bianchi to the 
hospital. 

126 



Then I sent for Lawyer White to come and see me in 
the jail. I didn't mean, of course, to tell him the truth 
about it, but he is a very smart man. He had talked with 
Mrs. Broggi before he came to see me; and though she 
thought it was Salvini who stabbed Bianchi, he had 
learned some things that made him think I ^^as the one. 
And before I knew it, I had told him enough so that he 
knew the truth. He told me then that he thought if he 
had a thousand dollars he could use it to get Salvini so 
far away that he would never trouble us. I didn't have 
a thousand dollars, but there was about five hundred 
dollars in my trunk at Mrs. Broggi's; and I signed a 
paper for her to give this to him. 

The next morning in court I was discharged. They 
couldn't find Salvini, and Mr. White did such good work 
for me that I was set free right away. I left Burlington 
that night, and after working in different places for a few 
weeks, came to Allentown. Mr. White gave me some 
work on his place; but neither of us said anything about 
what had happened in Burlington. 

Then in August came the night of the Cummins fire. 
I was in the barn, and saw^ that fire set just as I said in 
court, except for one thing — I lied when I said the man 
was John Burton. It was Mister Lawyer White. — 
Mr. White, (shouting). 

This IS an outrage. This — 



127 



"v. 

'"t\ 



The Court. 

Sit down, sir. 
Mr. White. 

Sit down, while I am made out a criminal, — a mur- 
derer ? Has a man no — 
The Court, (to Sheriff Arnold). 

Place that man under arrest. 
Mr. White, (drawing a revolver). 

He never will. 
Sheriff Arnold, (advancing on him). 

Drop it. 

Mr. White presses the muzzle of the revolver to his head, 
and fires; — staggers and falls face downward. 



128 






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